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Do I have to attend a Motion to Compel hearing for documents to be produced?
Saint Petersburg, FL
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Posted 9 months ago in Litigation
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After receiving the notice of hearing for the Motion to Compel, the documents requested were mailed to the Judge and the petitioner. What will happen if I am unable to attend the hearing? The documents asking to be produced arose from a Small Claims Court Case. The case is being seen in Daytona Beach, Florida and I live in Saint Petersburg, Florida.
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Answers (1)
Erik Glen Swanson
This attorney is licensed in Illinois.
Posted 9 months ago.
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From your question, it sounds like you are representing yourself. When you are representing yourself, you are generally held to the same standard as an attorney. Attorneys are expected to attend Motion hearings, as should you.
While a routine or uncontested motion may not require an appearance, a Motion to Compel is usually NOT routine. Even if you supplied documents before the motion date, other issues may arise, which you certainly would want to address at the hearing. Failure to attend could result in negative consequences for your case. It is possible you may be able to get the hearing rescheduled, but usually only if the other attorney agrees and the Judge is willing. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. |
