Vishrut Amin, et al. v. Geico Indemnity Company, et al.

Discovery process is an important aspect of adversary court system followed by United States. In criminal cases, Government’s disclosure of material exculpatory and impeachment evidence is part of the constitutional guarantee to a fair trial. Brady u. Maryland, 373 U.S. 83, 87 (1963); Giglio u. United States, 405 U.S. 150, 154 (1972). However in civil cases, Defendant’s rights and plaintiffs obligations to participate in discovery process has not been constitutionally defined and recognized by Supreme Court. Instead Discovery process is governed through Civil Rule procedure at federal and state level. The court has inherent authority or rule based sanction to deal with discovery violations committed by recalcitrant discovery litigants in case of non compliance of court order. Respondent, GEICO Indemnity Company (GEICO) after filing the complaint (July 2022) has maintained absolute silence by not responding to any discovery request propounded by Petitioners. Trial and Appellate Courts of state of Florida has declined to issue any order against GEICO through denial of motion(s) and writs filed overlooking irreparable harm being cause to Pro Se petitioners. The questions presented are: (a) Weather Trial court abused its judicial power prior and post rendering of the order denying the motion to compel discovery and violated constitutional rights granted under 14th Amendment of US Constitution. (b) Weather Circuit court, Fifth Judicial circuit of Florida abuse its judicial authority by exceeding its authority and look beyond the scope of writ of certiorari in justifying the denial order on writ