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Is needing more time to complete discovery a legitiment reason to request a continuance of mediation?

Asked over 2 years ago - Pinellas Park, FL

The plaintiff's lawyer (recently hired) has filed a motion for mediation in 6 weeks. The plaintiff has been evasive and deceptive in answering interrogatories and admissions (prior to having counsel), forcing defendant (prose) to resubmit material. Therefore, discovery has been delayed...production of documents has not been sent out and there are documents that the defendant feels would be critical to the mediation. Is this a reasonable reason to request Mediation be moved from Dec. to Feb?

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Attorney answers (2)

Jennifer Ann Jacobs

Reputation Level 14

Answered over 2 years ago. Criminal Defense Attorney in Winter Park, FL.

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Absolutely. A mediation is only meaningful if both parties have a firm grasp of all of the issues in the case, which is aided by the receipt of all discovery. Make that argument to the judge and hopefully he will agree to push the mediation to a later date.

Jennifer A. Jacobs

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Bonita M. Riggens

Reputation Level 14

Answered over 2 years ago. Employment / Labor Attorney in Saint Petersburg, FL.

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You should not have to resubmit material you already turned over in discovery. In addition to seeking a continuance, also ask the Judge to set deadlines for the Plaintiff to submit the outstanding discovery. If they don't adhere to those deadlines, file a Motion to Compel discovery responses and set it for hearing before the Judge. You should think about hiring your own attorney if the Plaintiff has one.

Bonnie Riggens
Law Office of Bonita M. Riggens
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