Discovery

Question 1

Required Disclosures

Answer 1

Unlike Fed Court, FL has no required disclosures

Question 2

Discovery tools

Answer 2

1. Depositions
2. Interrogatories
3. Requests to produce
4. Physical or mental exam
5. Requests for admission

Question 3

Depositions

Answer 3

Can depose party or non-party

No court order needed, unless:

1. Take deposition before case filed
2. P wants to take depo less than 30 day’s after serving complaint

Question 4

Interrogatories

Answer 4

Answered in writing under oath w/i 30 days after service. (45 days if interrogatories accompany complaint)

30 is the limit for FL
25 is the limit for Fed

Question 5

Requests to Produce

Answer 5

From one party to another, requesting that he makes available for review and copying documents etc.

To get info from non-party, need a subpoena (give notice 10 days before it’s issued, or 15 days if mailed)

Question 6

Physical/Mental Evaluation

Answer 6

FL Rule - Available WITHOUT court order if physical condition of the party is in controversy. Party must respond w/i 30 days to accept or object.

If for non-physical condition, party seeking must show good cause.

Question 7

Requests for admission

Answer 7

Request by one party to another to admit the truth of any discoverable matters. Failure to deny is an admission in present case.
Must respond w/i 30 days
Maximum number of requests in FL: 30
Maximum for Federal: No maximum

Question 8

Enforcement of Discovery

Answer 8

If a party fails or partially fails to provide discovery info, court can sanction failing party:
1. Issue sanctions
Ex. Stay proceedings until provided, disallow evidence, establish facts as true
Contempt (never allowed for refusal for med exam)
2. Dismiss P’s case or enter default judgment (only if wilful disobedience)