Small Claims Court Procedure 4 Motion to Compel Defendants for Interrogatories

[CMAH101753]

State of Florida...Small Claims Case has been filed.

1. What are the required court filings for requesting that I, as Plaintiff, be able to have Defendants respond to pertinent written questions, (interrogatories ??), prior to hearing? Is the filing called a "Motion to Compel Defendant Interrogatories"?

2. Also, I want to subpoena certain witnesses. What is the procedure and required documentation I must file with court?

Thank you in advance for your assistance!

 

[I AM ALWAYS LIABLE]

State of Florida...Small Claims Case has been filed.

1. What are the required court filings for requesting that I, as Plaintiff, be able to have Defendants respond to pertinent written questions, (interrogatories ??), prior to hearing? Is the filing called a "Motion to Compel Defendant Interrogatories"?

2. Also, I want to subpoena certain witnesses. What is the procedure and required documentation I must file with court?

Thank you in advance for your assistance!

My response:

I tried to find, in Florida law, where interrogatories are allowed in Small Claims court, but I couldn't. Please tell me the Statute or Code section from Florida law that allows this discovery procedure in Small Claims court.

Insofar as subpoenas are concerned, you can get blank forms from the Small Claims clerk. Fill them out for each witness, include a check for witness fees and mileage, and have each one served by someone other than yourself, who is over the age of 18, on each witness. Then, have that person fill out the Proof of Service on the back of each Subpoena, and then file each Proof of Service with the Clerk of the Small Claims court.

IAAL