1) File a Request for Production which includes the same caption of the case and also has a Certificate of Service which certifies that you sent a true copy of the Request to Produce to opposing counsel. You also must file the original Request to Produce with the Court, keep a copy for yourself and send a true copy to the opposing counsel.
The request to produce can request as many documents as you need to defend your foreclosure and prepare for trial, as long as they are relevant to the proceedings (amongst other objections that exist).
The Plaintiff or opposing attorney will have 30 days to respond to your request by proffering all of the requested documents. To ensure you have complied fully with the Florida Rules of Civil Procedure and that the other attorney has fully complied with your request, you may want to read the following rule:
Florida Rules of Civil Procedure RULE 1.350
Production of documents and things and entry upon land for inspection and other purposes.
(b) …The party to whom the request is directed shall serve a written response within 30 days after service of the request, except that a defendant may serve a response within 45 days after service of the process and initial pleading on that defendant. The court may allow a shorter or longer time.
(PLEASE NOTE: THIS IS ONLY PART OF THE RULE! I have only pasted the part pertaining to time limits on production.)
IN THE CIRCUIT COURT OF THE ####### JUDICIAL CIRCUIT
IN AND FOR ????????? COUNTY, FLORIDA
CASE NO: #######
DEFENDANTS YOUR NAME’S
FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
COMES NOW, the Defendants, YOUR NAME, by and through the undersigned attorney, pursuant to Rule l.350, Florida Rules of Civil Procedure, and requests Plaintiff produce the documents listed herein:
IN RESPONSE TO THIS REQUEST FOR PRODUCTION OF DOCUMENTS, PLAINTIFF MAY PROVIDE DEFENDANT WITH COPIES OF THE DOCUMENTS REQUESTED HEREIN.
REQUEST NO. 1: All documents in Plaintiff's possession or available to Plaintiff that
establish the plaintiff's standing to bring this foreclosure action, including but not limited to:
A. COPY OF THE PROMISSORY NOTE AS IT EXISTS AT THE FILING OF THIS FORECLOSURE ACTION.
A. Copies of all contracts, documents, agreements and other disclosure forms, written
communications, notes, memoranda and records concerning the note and mortgage that are the
subject of this action, including attorney fee contracts.
B. Copies of all receipts for payments made by or to and/or received by the plaintiff
concerning the note and mortgage that are the subject of this foreclosure action.
REQUEST NO.2: All documents in Plaintiff's possession or available to Plaintiff that
establish that the plaintiff is the legal, beneficial or equitable owner of the promissory note that is
the subject of this foreclosure action.
REQUEST NO.3: All documents in Plaintiff's possession or available to Plaintiff that
establish that plaintiff is the servicer of the loan that is the subject of this foreclosure action.
REQUEST NO. 4: All documents in Plaintiff's possession or available to Plaintiff that
identify what entity or entities are the beneficial owner of the subject promissory note that is the
subject of this foreclosure action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this _____ of DATE 2013, I mailed the foregoing by First Class U.S. Mail to:
OTHER ATTORNEYS NAME
Charles W. Franklin, Esq.
Florida Bar # 61661
P.O. Box 1987
Orlando, FL 32802
Phone: (407) 883-2618
Attorney for Defendants
2) If the other attorney does not timely comply, immediately file a Motion to Compel Response to Defendant’s First Request to Production. This must be done in GOOD FAITH and you must try to obtain the documents without judicial intervention. Write a letter and fax it to the other attorney explaining that you are going to file a Motion to Compel if they do not comply with your discovery request. Discovery request describes that you are trying to prepare your evidentiary defense. If at any time the other attorney complies with your request, you should immediately file a “Motion to Withdraw your Motion to Compel” showing the Judge that the matter has been settled.
Once again, the Motion to Compel must resemble all of the other pleadings by copying the caption of the case verbatim. You also must file the original with the Court, keep a copy for yourself and send a true copy to the opposing counsel.
3) A Motion means that you are asking the Honorable Court to take action! So you need to contact the Judicial Assistant to find the presiding Judge’s availability. Once you have a copy of the Judge’s calendar, you need to call and coordinate a hearing date and time with the opposing counsel.
Go ahead and send your request for a hearing date with a “trigger” letter if they ignore you because you are pro se (meaning, you have no attorney and represent yourself) OR even if YOU are the attorney). That “trigger” letter should say:
“I have looked at the Judge’s calendar and I would like to coordinate a hearing for one of the following dates [provide at LEAST 3 DATES and TIMES & LOCATION and JUDGE]. If I do not hear from you within 3 days, then I will assume you agree with all of the dates that I have provided and will go forward with unilaterally scheduling this hearing”.
4) If the other attorney affords the documents you requested after you schedule the hearing, then you MUST give the Judicial Assistant and cancel the hearing. Also, file a “Notice of Cancelation of Hearing” with the Court and notify the opposing counsel. If the other attorney never complies, go forward and attend the hearing and explain to the Judge that you would like a copy of the Note as it existed at the time of filing the foreclosure action.
If you have any questions or concerns, feel free to call me directly anytime at The Freedom Law Firm, P.A. (407)883-2618