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Am I too late to get items our Judge ordered?
Anonymous8 views3 answers
In the middle of a divorce. Judge ordered ex to sign releases so I could get community property bank and accounting records by 9/28/15. He was also ordered to provide me 3 brokers names so I can choose one to sell the community property business. His attorney promised me repeatedly he would get him to do this. It has never been done despite many promises. Judge also ordered the fl140s and fl150s. I was emailed them two weeks ago (but his attorney said he mailed it to me 2 months ago). The fl140 & fl150 list almost nothing. Am I too late to Motion To Compel these items? I don't have an attorney.
Motions to compel are brought to ask for orders when a party does not respond or fully respond to discovery requests. A motion to compel might lead to an order to produce. You have an order. It appears to me that you should be pursuing sanctions or other relief - for example, an order appointing a broker of your choice; court issued subpoenas (which are required in the absence of releases etc). The bottom line is that there appear to be a number of complex issues, all which need evaluation and legal analysis. A sentence here is not going to steer you in the right direction. Get help. Have a lawyer look at the entire case and go from there. Even if you just pay for two hours of an attorney's time - get help. Do proper discovery and take the lack of compliance back to the court.
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Not to late and you probably do need an attorney and there is a good chance attorney fees will be ordered by the court on this. Motion to Compel is probably not the best thing to do to get their attention. though.