Marco Island, FL asked in Consumer Law, Real Estate Law and Tax Law for Florida

Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
  • Consumer Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: There is no 14 day rule to respond to motions.

Judges are not required to have hearings on matters in which they see no reason to have a hearing; this is especially true on discovery matters when the responding party doesn't object to the discovery within the 30 days and doesn't respond to the attempts to comply. Now that the court has ordered you to comply, I suggest that you do so.

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Naples, FL
  • Licensed in Florida

A: There is a 15-day rule to respond, some motions are excluded, and it is flexible.

Litigation is complex, I am sure you knew that.

Judges also have their own standing orders on how they treat different types of motions, what is required for their submission, etc. Some Judges take it upon themselves to rule without hearing, not to waste judicial resources. Some Motions are submitted as "unopposed" or "agreed to" motions.

Good luck.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: To find the local court rules for Collier County, Florida, you can start by visiting the official website of the Collier County Clerk of the Circuit Court and Comptroller. Many court websites provide access to local rules, forms, and other relevant information for navigating the legal process in that jurisdiction. Alternatively, you can visit or contact the courthouse directly and inquire about obtaining a copy of the local court rules.

Regarding your specific situation with the hearing bypassed by your lawyer emailing the judge directly, it's essential to understand the procedures and rules governing court communications in your jurisdiction. While some jurisdictions may allow direct communication with judges under certain circumstances, it's crucial to ensure that proper procedures are followed and that all parties have an opportunity to respond and present their arguments.

If you believe that your rights were violated or that proper procedures were not followed in your case, you may consider seeking legal advice from another attorney or contacting legal aid services for assistance. An experienced attorney can review the details of your case, including the judge's ruling and any relevant court rules, to determine the best course of action for addressing your concerns and protecting your legal interests. By seeking appropriate legal guidance, you can navigate the legal process effectively and ensure that your rights are upheld.

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