I have filed against a former employer who I worked for shortly in Florida who I only worked for a few weeks then he paid me 100 cash and let me go. I am suing him for the time I worked but I phone conversation where I have tried to settle he claims he is just going to tell the court I never worked there. I have no checks or paystubs have some witnesses possbilely but the place I worked was in a strip mall which has security tapes which I want to get a hold of before they are erased to show in court me working. I tried the court clerks they are clueless I looked at duces tecum forms tried the judges assistant was even less helpful don't want to wait till the first mediation hearing cause tapes may be gone. Anyone know how I can motion for them or have them detained somehow by the court or some type of motion I can use? It would be to a third party since the strip mall is owned separately and the cameras are theirs.

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Originally Posted by maverick76

I looked at duces tecum forms tried the judges assistant was even less helpful

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Hello m:

You were right. They judges assistants aren't there to help you, and they won't. File a motion in the court, wherein you move the court to issue a subpoena duces tecum. You might be able to do that with just a letter with a copy sent to the other party.

If there are FORMS, fill one out and submit it. Small claims court are much less formal than superior courts, and the judge should grant your motion no matter HOW you prepare it.

excon

I have the duces tecum form but the clerk said to me she did not know if I could file it because I have no trial date set only the mediation date in two and a half weeks only thing is I don't know how much longer tapes will be kept by third party before they get erased. Clerk is like well you could try to get a motion hearing etc am like by then again could be in same dilemma of tapes being gone and only defense of the other party is to claim I was never there. Should I just subpeona the guy and tapes for the mediation then again for the trial? Just try to write the judge the letter should I include the duces tecum form?

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Originally Posted by maverick76

I have the duces tecum form but the clerk said to me she did not know if I could file it because I have no trial date set

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Hello again, m:

I understand that she doesn't know diddly dog doo. Fill out the form and INSTRUCT her to present it to the judge whether she thinks it's a good idea or not. INSTRUCT her further to CALL you up on the telephone when the subpoena is prepared and ready to be served, or if it's not going to be prepared.

excon