By Robin Roshkind, Esquire, West Palm Beach, Florida
Motion practice keeps attorneys in court early in the morning here in Palm Beach County, Florida, and also keeps clients’ billables high. If the parties and their attorneys would collaborate in efforts, both parties would see substantial savings in attorneys fees.
Here are some examples of motions that can be resolved by agreement of the parties without the necessity of going to court:
1. Motions to compel documents and discovery. In Palm Beach County, there is a minimum mandatory disclosure requirement. If parties would just produce what they are supposed to timely, there would be no need for these motions.
2. Motions for extension of time. Again, these are unncessary, if the parties can just agree to extend the time to another date for production of documents, or the time in which to file a responsive pleading.
3. Motions for request to produce specific documents. Sometimes a spouse wants to be difficult and not produce everything required. This motion can be avoided by producing.
4. Motions for sanctions. If the attorneys and parties just cooperate, this motion would certainly be avoided.
5. Motion for protective order. If reasonableness is asserted, burdensome discovery requests would not occur, and there would be no need for this one either.
6. Motion for rehearing. This is almost never granted. A judge is not going to admit he/she made a mistake unless it for a really really good reason.
7. Motion to distribute a portion of marital assets. For example, there is a joint account with $20,000 in it, in addition to other marital assets. If the parties can agree on an even split of this one account, as a portion of equitable distribution, there would be no need for this motion.
The above is just an example of the motion practice that could be done away with if the parties and their attorneys would cooperate with one another. There are many more motions that could be resolved by agreed order. It is up to the parties to decide how litigeous they wish to be and how much money they want to pay the attorneys. For more information call one of the attorneys at the law firm of ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.