Apopka, FL asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida

Q: Can you provide the correct procedure for motion to compel evidence

What is the exact procedure when defense atty files for motion to compel evidence, after judge grants it for two weeks WHY WOULD A DEFENSE ATTY ASK FOR A SECOND MOTION TO COMPEL AND A SANCTION. Are they able to be asking for a motion to request a dismissal of the case or a final judgment

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Apparently, what happened was that the defendant's attorney moved that the plaintiff (which, of is a criminal case, would be the government) be ordered to produce some sort of evidence. The judge gave the prosecution two weeks to produce the evidence. When the defendant's attorney alleged that the evidence had not been produced, another motion was filed.

You are asking for an explanation of the second motion. It would be hard to explain it without reading the motions.

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