Browser Compatibility Notice:

      WHEREAS, the undersigned has determined that the issuance of an Administrative Order governing motions to compel discovery in civil actions is necessary for the efficient and proper administration of justice in the Seventh Judicial Circuit;

      NOW THEREFORE, I, JAMES R. CLAYTON, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that no motion to compel discovery in any civil action may be filed in the Seventh Judicial Circuit unless the moving party has complied with the following procedures:

1. The moving party must notify the opposing party, in writing, of the specific deficiencies of his/her discovery response and the specific actions necessary to cure said asserted deficiencies. Written notice must provide 10 days for the opposing party to cure the asserted deficiencies.

2. If, after 10 days, there is a complete failure to respond or object to discovery, and no request for extension, a motion to compel shall be filed and an ex-parte order may be entered by the Court requiring compliance with the original discovery demand within 10 days of the signing of the order. The moving party must attach a good faith notification set forth in paragraph #1to the motion and submit a proposed order.

3. Absent entry of an ex parte order as set forth in paragraph #2 and a failure to resolve the discovery issue after a meaningful meet and confer by the parties, a motion to compel may be filed and set for a hearing. A copy of the written notice of deficiency and any response thereto must be attached to the motion. Once set, the hearing may not be cancelled by either party without the consent of the Court.

4. If the opposing party fails to respond to a proper discovery request, or responds in a manner deemed by the Court to be in bad faith, a presumption in favor of sanctions against the offending party shall arise. Said sanctions may include, but are not limited to, attorneys’ fees and costs.  Bad faith in propounding improper or unreasonable discovery requests may be sanctioned in a like manner.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in DeLand, Volusia County, Florida this 27^th day of September 2022.