PROCEDURES FOR "REQUEST FOR PRODUCTION OF DOCUMENTS"

BACKGROUND:
STATE OF FLORIDA
(Please excuse all "CAPS")

I HAVE FILED A SMALL CLAIMS COMPLAINT AGAINST A FORMER EMPLOYER FOR BACK WAGES OWED. IN A WRITTEN LETTER STATEMENT FROM EMPLOYER PRIOR TO COMPLAINT FILING, EMPLOYER AGREED TO PROVIDE ME WITH COPIES OF ALL EMPLOYMENT CONTRACTS. THE EMPLOYMENT CONTRACTS WILL SHOW THE COMMISSION SCHEDULES THAT WILL PROVE MY CASE.

SINCE THE FILING OF THE FORMAL COMPLAINT, THE EMPLOYER'S COUNSEL HAS REFUSED TO PROVIDE THE SPECIFIC CONTRACT DOCUMENTATION THAT EMPLOYER AGREED TO IN WRITING.

I AM A PRO SE LITIGANT AND AS SUCH HAVE FILED A MOTION FOR DEFENDANTS TO PRODUCE THIS DOCUMENTATION, HOWEVER, THE LEGAL COUNSEL FOR DEFENDANTS FILED A RESPONSE TO THE MOTION STATING THAT ALL DOCUMENTATION IS AVAILABLE BUT CONTINUES TO OMITT THE CONTRACT DOCUMENTS.

QUESTIONS:
1. HOW CAN I HAVE THE JUDGE REVIEW MY REQUESTED MOTION TO PRODUCE DOCUMENTATION IN THE EARLIEST AND QUICKEST FASHION AND OF COURSE, PRIOR TO SCHEDULED HEARING? ANY SPECIAL MOTION - MOTION LANQUAGE LEGALESE- ETC.,NEEDED? WHAT IS THE PROCEDURE FOR THE JUDGE TO MAKE A DECISION IN ADVANCE ON A MOTION FOR REQUEST FOR PRODUCTION?

2. IT IS MY VIEW AS THE PLAINTIFF IN THIS CASE, THAT SHOULD DEFENDANTS NOT PROVIDE THIS DOCUMENTATION THAT IS SO OBVIOUSLY PERTINENT IN ORDER TO CLEARLY ILLUMINATE ALL EMPLOYEE TERMS OF EMPLOYMENT AND COMPENSATION AGREEMENTS, THAT THE DEFENDANT IS WITHOLDING INFORMATION INTENTIONALLY THAT WOULD OTHERWISE PROVIDE DEFINITIVE AND POSITIVE EVIDENCE OF EITHER THE MERITS OF MY CLAIM OR THE DEFENSIVE MERITS OF THE DEFENDANTS' COUNTER CLAIM...........I WOULD LIKE, THEREFORE, TO REQUEST IN MY "MOTION REQUESTING PRODUCTION"....TO REQUEST THAT THE JUDGE CONSIDER RULING AGAINST THE DEFENDANTS IN MY CASE AND INFAVOR OF ME SHOULD THEY REFUSE TO PRODUCE THE CONTRACT DOCUMENTS THAT THEY AGREED TO PROVIDE IN THEIR EARLIER LETTER. IS THIS DOABLE? ALLOWED? WORTH A SHOT?

THANKS FOR YOUR INPUT!

[Edited by CMAH101753 on 12-27-2000 at 04:49 PM]

Your likely to get better response to your questions if you post in lower case.

Not to be 'pissy', but since you didn't post what state you are in, it will be hard to answer your question with any specificity (also, as LegalBeagle said... get rid of the 'caps lock', using all caps is considered to be yelling!!!).

In any case, what you are probably looking for is called a "Motion to Compel". This motion can be used to request the courts intervention when the opposing party fails (or refuses) to furnish requested information or documents. After filing your motion with the court, a hearing will be set wherein both parties are allowed to explain the why (and why not) of the specific request. The judge will then decide which side 'wins' and either deny your request or will sign your requested "Order to Compel". The opposing counsel will then have a specific amount of time (10 days, 30 days, etc) to deliver the requested information. If they don't, then the court can force them to using 'Contempt of Court' proceedings.