View Single Post
  #17  
Old December 20th 03, 08:05 PM
Larry Smith
external usenet poster
 
Posts: n/a
Default


"Ron Wanttaja" wrote in message
...
On Fri, 19 Dec 2003 15:20:54 GMT, I wrote:

On a side note, there has been some activity in the second Campbell SnF
lawsuit...some papers filed by Zoom's attorney last week. More details as
they become available.


Campbell's attorney has filed a "Request for Production" in the case.

This
may be just a demand for Sun-N-Fun to answer their Interrogatories (these
were filed three-four months ago...curious they haven't done so).


Most all the states have enacted the federal rules of civil procedure into
their local procedure. Probably the pleading you're talking about is a
request for production of documents. It is ordinarily required that the
specific procedural rule is cited in the pleadings, as in "Pursuant to FRCP
34, plaintiff requests production of the following documents:" (and then
vexatiously lists a horrendous volume of paperwork to retrieve and produce
for the requesting party).

Usually interrogatories are answerable in 30 days but time for answering is
easily extended on application to the court, or by agreement of the parties.
Four months is pushing it. If a party thumbs its nose at interrogatories,
the opposing party will ordinarily file a motion for an order requiring the
offending party to comply by a date certain. Sometimes the judge will issue
sanctions, like a fine, costs, and attorney fees for prosecution of the
motion.

I have seen insurance defense bar lawyers thumb their noses at discovery --
the general term for interrogatories, requests for production of documents
and things, requests for admissions of fact and genuineness of documents,
and depositions. Sometimes attorneys who are the worst culprits at this
abuse believe they have a special relationship with the judges which allows
them to carry on a sort of studied indifference to discovery. Indeed in
some jurisdictions it is a fact that lawyers commit all kinds of
sanctionable offenses against pretrial discovery, and the judges do nothing
to them, in fact look the other way. In these jurisdictions the judiciary
are more often than not corrupt.

I can't speak for Florida courts but suspect that although there are pockets
of corruption as in all states the Florida Supreme Court effectively rides
herd on its lower courts and its bar.