My question involves court procedures for the state of: Florida . What is the procedure for Subpoena on OP withdrawn counsel.
1. Supplemental Petition to Modify MSA filed July 2011. OP counsel answered within 20days. However, did not provide mandatory disclosure. Fl rule gives for 45 days from summons date to comply under Civil Rule 12.285.
2. Sent 2 written request to OP counsel to comply with MDD. Filed copies with Clerk of Court. " Florida court requires 2 attempts to be made directly to OP and Counsel before court involved"
3.Filed Motion to Compel, judge granted and gave OP/counsel 15 days to comply. Which did not happen.
4. Filed Motion for Contempt and Motion for Sanctions. OP counsel withdrew, due to irreconsilable differences, judge dismissed Sanctions and gave OP another 15 days to comply. Which did not happen.
5. Filed 2nd Motion for Contempt and awaiting hearing.
In the mean time I have been advised here to Subpoena OP counsel to show proof of non compliance. Finding it hard to decipher rules for process. Any help would be appreciated!!
I Looked under Civil Procedure 1.410(c) and Rule 1.080(b).. Just not confident enough and need more insight. Thanks...this is for you CMRE!!