Morgan’s Tip of the Week (FL) – RTP Trend
Greetings,
I have seen a recent trend with claimant attorney’s seeking attorney fees for filing a Motion to Compel a response to their Request to Produce.
Recently, two Judges in Central Fla have given the claimant’s attorneys hourly fees for simply filing the Motion, the Motions were not granted as they were moot because we responded before the hearing. The fees will typically be under $1,000, but still it can get expensive.
In general, we have 30 days to respond to the claimant’s RTP under Florida Rules of Civil Procedure RULE 1.350. Often times I will get the file and the RTP more than 30 days after it was originally sent, and while we are preparing a response, the Motion to Compel (MTC) gets filed. Sometimes we respond with the documents we do have, but have to request others, typically from the employer. This is another instance when the claimant’s sometimes file a MTC. Normally it had not been a problem because we would eventually get everything to respond prior to the MTC hearing.
Awarding fees for simply filing the MTC is new.
To avoid this, get the RTP out as soon as you can to defense counsel. If we have a good rapport with the claimant’s attorney, we can often get an extension. Also, as soon as you get the RTP, request any documents that you don’t have from the employer. This will certainly save time.
As you have heard me state in prior Tips, I do not recommend adjusters prepare a formal response to the RTP. If the adjuster is responding, I would prefer a simple cover letter that states “Enclosed please find the non-privileged/non-objectionable material in my file. If you need a formal response please let me know.” Otherwise a response without a privilege log waives privileges.
Thanks and let me know if you have any questions.