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The 10th Circuit authorizes an ex parte order compelling discovery where a party has failed to respond at all to discovery demands, without requiring a hearing first — but fees and expenses still require a hearing.
County and circuit civil divisions in Hardee, Highlands and Polk Counties. Read the order in full before relying on it — this entry records the order's existence and scope, not a substitute for its terms.
AO 3-41.0 provides for entry of an ex parte order to compel discovery in the county and circuit civil divisions. Fla. R. Civ. P. 1.380(a) permits a compelling order on reasonable notice to other parties and all persons affected; Fla. R. Civ. P. 1.380(a)(4) still requires a hearing before the court may impose fees and other expenses incurred by the party seeking compliance.
ORDER PROVIDING FOR EX PARTE ORDER TO COMPEL DISCOVERY IN COUNTY AND CIRCUIT CIVIL DIVISIONS ... WHEREAS, Florida Rule of Civil Procedure 1.380(a) authorizes the trial court to enter an order compelling discovery upon "reasonable notice to other parties and all persons affected;" and WHEREAS, Florida Rule of Civil Procedure 1.380(a)(4) requires a hearing before the Court may impose fees and other expenses incurred by a party seeking compliance with a discovery demand;
Ex parte in CV-E is strictly for uncontested matters resolvable in five minutes or less, held 9:00–10:00 a.m. on posted dates (website and outside Hearing Room 739). In-person, telephonic, Zoom, and hybrid appearances are permitted under Rule 2.530.
Judge Wallace's Uniform Motion Calendar takes only non-evidentiary motions, capped at ten minutes per case (five per side) — and the ten minutes includes the judge's time reviewing your papers. Set at least one week ahead; first-come, first-served in Hearing Room 743.
Telephone appearances in CV-D require counsel to arrange a single conference call joining all participants and to courtesy-copy the Notice of Hearing to the JA; the JA prepares the first trial order, but every amended trial order falls on plaintiff's counsel.