Home Blog General Provisions Regarding Discovery in the State of Florida, Battaglia, Ross, The Florida Rules of Civil Procedure, Rule 1.280. 2d 177, 179 (Fla. 2d DCA 1988) , inquiry into the individual assets of the judgment debtor's spouse may be limited until a proper predicate has been shown. At any time after responsive pleadings or motions are due, the court may order, or a party by serving a notice, may convene, a case management conference. Jonathon W Douglas, 5858 Central Ave, suite b (ii) Any person disclosed by interrogatories or hAj1EelYrlwoP}jH~%r Probate Attorney, 5858 Central Ave, suite d (d) Protective Orders. endstream endobj startxref P. 1.380 applies to all discovery: depositions, admissions, responses to requests to produce, etc. %PDF-1.6 % Changes from the existing rule expand the time for answering, permit interrogatories to be served with the initial pleading or at any time thereafter, and eliminate the requirement of a hearing on objections. (b) Redaction of Personal Information. Our approach to this question is framed by three considerations. 102 0 obj <> endobj St. Petersburg, FL 33707 endstream endobj 214 0 obj <>stream A. Invocation of Privilege or Other Protection. Middle District Discovery: A Handbook on Civil Discovery Practice in the United States District Court for the Middle District of Florida(PDF). witness at trial may be deposed in accordance with rule 1.390 0Ed&xtQJH On motion to compel discovery or for a protective order, the person from whom the discovery is sought must show that the information sought or the format requested is not reasonably accessible because of undue burden or cost. (4) Trial Preparation: Experts. The word "initial" in the 1984 amendment to subdivision (a) resulted in some confusion, so it has been deleted. In ordering discovery of the materials when the required showing has been made, the court must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. rule; and concerning discovery from an expert obtained under subdivision (b)(5)(A) of this rule the court may require, and concerning discovery obtained . party's representative, including that party's attorney, an expert who has been retained or specially employed by After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a "Notice of Discovery" which shall bind both the (j) Court Filing of Documents and Discovery. If the request is refused, the person may move for an hbbd```b`` ,g2`2,QfI rO X h>?dFi_ #& Former subdivision (d) is repealed because it is covered in rule 1.280(e). (f) Sequence and Timing of Discovery. August 2020 Bar News Civil Rule 1.280 and 1.340 If a party not represented by an attorney directs discovery to a party represented by an attorney, the represented . Make your practice more effective and efficient with Casetexts legal research suite. v"1Dad\SqtoO&r#Vj%5CBtB`X&$WWmjC3 All filings of discovery information must comply with Florida Rule of Judicial Administration 2.425. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. (720) 500-4878 This website uses Google Translate, a free service. means. 1538 0 obj <>stream application/pdf b. endstream endobj 35 0 obj <>stream uuid:674b86d2-2022-4022-8440-fa0ca4c1516f www.727injury.com, Riverview The court shall have authority to impose sanctions for violation of this rule. (B) A party may discover facts known or opinions held by discovery. HR]o0}c'_[Z1i/!q@tI::IW{SEWW@~I,'$&TmUS1#JmrCheCSw$IWfjeba,L&~{"1.SykiF.:=*POo~X(Qf0"-dO?Fg|B(k(^\*ddr7}J2w*8,6\s#Cf5=\0~n{6}}J3a*rmY{P`("4VO&kch*sUw~Q1c\J$I#{Z`[^wxxm]sK-GvuPl5xz" PXe:wm;FP 5{pE= FS8tH(DNYC'^}^. (727) 381-2300 Under rule 1.280 (e), no supplemental response is required. Subdivision (c) gives the interrogated party an option to produce business records from which the interrogating party can derive the answers to questions. u] >3,YS,2gNaagie2VSVcY 3AS 0!,5D 1P(H$-%Y[6 The Florida Supreme Court recently announced, on its own motion, an amendment to the Florida Rules of Civil Procedure to codify the "apex doctrine" and "protect high-level corporate officers from the risk of abusive discovery, while still honoring opposing litigants' right to depose such persons if necessary." 1 The amendment marks the first time a state has moved to codify the . Effect of Filing a Motion for a Protective Order, B.