How to File a Motion to Compel in Florida


File a motion to compel in a Florida court if the opposing party does not provide something ordered by the court, whether during the process of the lawsuit or after a judgment has been entered. A motion to compel is used when one of the parties does not provide discovery, which is required by law, during the course of a lawsuit. The court may also order one of the parties to complete an action, whether it be to pay a fine, pay the other party, provide items to the other party or a third party, or any number of other things. Should that party ignore the court's order, the injured party can file a motion compelling that party to complete the specific action.

  • Copy the heading from another pleading in your lawsuit. The headings on Florida pleadings contain the court, the court's jurisdiction, the parties' names, the case number and the division. Depending on the county, the division may be part of the case number. Pasco is one such example. Boldface the heading and write it in all capital letters, except the words "Plaintiff," "Defendant," "Petitioner" or "Respondent."

  • Center the title of the document below the heading. The title should include what you are motioning for, for example, "Motion to Compel Respondent to Pay Child Support, and Other Relief," or "Motion to Compel Plaintiff to Provide Discovery, and Other Relief."

  • Write the opening paragraph that introduces the motion and the moving party. For example, "Comes now, the [Plaintiff/Defendant], [YOUR NAME], and files this, his Motion to Compel [action you are compeling], and further states:".

  • Draft the body of the pleading. Each paragraph in the body is numbered, and each paragraph has one allegation. For example, "1. The [Plaintiff/Defendant], [NAME], served the [Plaintiff/Defendant], [NAME], with interrogatories on or about [date]. 2. The interrogatories were due on [date], and as of the writing of this motion, the [Plaintiff/Defendant] has not provided her responses.

  • Write the "Wherefore" clause. The clause tells the court specifically what you want. For example, "Wherefore, the [Plaintiff/Defendant] respectfully requests that this Court order the [Plaintiff/Defendant] to provide responses to interrogatories within [xx] days, and any other relief this Court deems fair and reasonable."

  • Add the certificate of service. The certificate tells the court that you mailed or hand delivered the pleading to the opposing party. For example, "I hereby certify that a true and correct copy of the foregoing has been forwarded to [opposing party or his attorney's name and address] via U.S. Mail on this [day] day of [month], [year].

  • Sign and notarize the pleading. Place your "signature block" below your signature. The signature block contains your printed name, address and phone number. File the pleading with the court and let the clerk know that you need a hearing on your motion.

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