RULE 12.280. GENERAL PROVISIONS GOVERNING DISCOVERY

(a) Discovery Methods. Parties may obtain discovery by 1
or more of the following methods: depositions upon oral
examination or written questions; written interrogatories;
production of documents or things or permission to enter on land or
other property for inspection and other purposes; physical and
mental examinations; and requests for admission. Unless the court
orders otherwise and under subdivision (d), the frequency of use of
these methods is not limited, except as provided in rules 12.200,
12.340, and 12.370.
(b) Redaction of Personal Information. All filings of
discovery information must comply with Florida Rule of General
Practice and Judicial Administration 2.425. The court has the
authority to impose sanctions for violation of this rule.

(c) Scope of Discovery. Unless otherwise limited by order of
the court in accordance with these rules, the scope of discovery is
as follows:

(1) In General. Parties may obtain discovery regarding
any matter, not privileged, that is relevant to the subject matter of
the pending action, whether it relates to the claim or defense of the
party seeking discovery or the claim or defense of any other party,
including the existence, description, nature, custody, condition, and
location of any books, documents, or other tangible things and the
identity and location of persons having knowledge of any
discoverable matter. It is not grounds for objection that the
information sought will be inadmissible at the trial if the
information sought appears reasonably calculated to lead to the
discovery of admissible evidence.

(2) Indemnity Agreements. A party may obtain discovery
of the existence and contents of any agreement under which any
person may be liable to satisfy part or all of a judgment that may be
entered in the action or to indemnify or to reimburse a party for
payments made to satisfy the judgment.

(3) Electronically Stored Information. A party may obtain
discovery of electronically stored information in accordance with
these rules.

(4) Trial Preparation: Materials. Subject to the
provisions of subdivision (c)(5), a party may obtain discovery of
documents and tangible things otherwise discoverable under
subdivision (c)(1) and prepared in anticipation of litigation or for
trial by or for another party or by or for that party’s representative,
including that party’s attorney, consultant, or agent, only on a
showing that the party seeking discovery has need of the materials
in the preparation of the case and is unable without undue
hardship to obtain the substantial equivalent of the materials by
other means. 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. Without the required showing a party may
obtain a copy of a statement concerning the action or its subject
matter previously made by that party. On request without the
required showing a person not a party may obtain a copy of a
statement concerning the action or its subject matter previously
made by that person. If the request is refused, the person may move
for an order to obtain a copy. The provisions of rule 12.380(a)(4)
apply to the award of expenses incurred as a result of making the
motion. For purposes of this subdivision, a statement previously
made is a written statement signed or otherwise adopted or
approved by the person making it, or a stenographic, mechanical,
electrical, or other recording or transcription of it that is a
substantially verbatim recital of an oral statement by the person
making it and contemporaneously recorded.

(5) Trial Preparation: Experts. Discovery of facts known
and opinions held by experts, otherwise discoverable under the
provisions of subdivision (c)(1) and acquired or developed in
anticipation of litigation or for trial, may be obtained as follows:

(A) (i) By interrogatories a party may require
any other party to identify each person whom the other party
expects to call as an expert witness at trial and to state the subject
matter on which the expert is expected to testify, and to state the
substance of the facts and opinions to which the expert is expected
to testify and a summary of the grounds for each opinion.

(ii) Any person disclosed by interrogatories
or otherwise as a person expected to be called as an expert witness
at trial may be deposed in accordance with rule 12.390 without
motion or order of court.

(iii) A party may obtain the following
discovery regarding any person disclosed by interrogatories or
otherwise as a person expected to be called as an expert witness at
trial:
a. The scope of employment in the
pending case and the compensation for such service.

b. The expert’s general litigation
experience, including the percentage of work performed for
petitioners and respondents.

c. The identity of other cases, within a
reasonable time period, in which the expert has testified by
deposition or at trial.

d. An approximation of the portion of
the expert’s involvement as an expert witness, which may be based
on the number of hours, percentage of hours, or percentage of
earned income derived from serving as an expert witness; however,
the expert must not be required to disclose his or her earnings as
an expert witness or income derived from other services.

An expert may be required to produce financial and
business records only under the most unusual or compelling
circumstances and may not be compelled to compile or produce
nonexistent documents. On motion, the court may order further
discovery by other means, subject to such restrictions as to scope
and other provisions under subdivision (c)(5)(C) concerning fees and
expenses as the court may deem appropriate.

(B) A party may discover facts known or opinions
held by an expert who has been retained or specially employed by
another party in anticipation of litigation or preparation for trial and
who is not expected to be called as a witness at trial, only as
provided in rule 12.360(b) or on a showing of exceptional
circumstances under which it is impracticable for the party seeking
discovery to obtain facts or opinions on the same subject by other
means.

(C) Unless manifest injustice would result, the
court must require that the party seeking discovery pay the expert a
reasonable fee for time spent in responding to discovery under
subdivisions (c)(5)(A) and (c)(5)(B); and concerning discovery from
an expert obtained under subdivision (c)(5)(A) the court may
require, and concerning discovery obtained under subdivision
(c)(5)(B) must require, the party seeking discovery to pay the other
party a fair part of the fees and expenses reasonably incurred by
the latter party in obtaining facts and opinions from the expert.

(D) As used in these rules an expert shall be an
expert witness as defined in rule 12.390.

(6) Claims of Privilege or Protection of Trial Preparation
Materials. When a party withholds information otherwise
discoverable under these rules by claiming that it is privileged or
subject to protection as trial preparation material, the party must
make the claim expressly and must describe the nature of the
documents, communications, or things not produced or disclosed in
a manner that, without revealing information itself privileged or
protected, will enable other parties to assess the applicability of the
privilege or protection.

(d) Protective Orders. On motion by a party or by the
person from whom discovery is sought, and for good cause shown,
the court in which the action is pending may make any order to
protect a party or person from annoyance, embarrassment,
oppression, or undue burden or expense that justice requires,
including one or more of the following:

(1) that the discovery not be had;

(2) that the discovery may be had only on specified
terms and conditions, including a designation of the time or place;

(3) that the discovery may be had only by a method of
discovery other than that selected by the party seeking discovery;

(4) that certain matters not be inquired into, or that the
scope of the discovery be limited to certain matters;

(5) that the discovery be conducted with no one present
except persons designated by the court;
(6) that a deposition after being sealed be opened only
by order of the court;

(7) that a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only in a designated way; and

(8) that the parties simultaneously file specified
documents or information enclosed in sealed envelopes to be
opened as directed by the court.

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. The
provisions of rule 12.380(a)(4) apply to the award of expenses
incurred in relation to the motion.

(e) Limitations on Discovery of Electronically Stored
Information.

(1) A person may object to discovery of electronically
stored information from sources that the person identifies as not
reasonably accessible because of burden or cost. 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. If that showing is made, the court may nonetheless
order the discovery from such sources or in such formats if the
requesting party shows good cause. The court may specify
conditions of the discovery, including ordering that some or all of
the expenses incurred by the person from whom discovery is sought
be paid by the party seeking discovery.

(2) In determining any motion involving discovery of
electronically stored information, the court must limit the frequency
or extent of discovery otherwise allowed by these rules if it
determines that

(A) the discovery sought is unreasonably
cumulative or duplicative, or can be obtained from another source
or in another manner that is more convenient, less burdensome, or
less expensive; or

(B) the burden or expense of the discovery
outweighs its likely benefit, considering the needs of the case, the
amount in controversy, the parties’ resources, the importance of the
issues at stake in the action, and the importance of the discovery in
resolving the issues.

(f) Sequence and Timing of Discovery. Except as provided
in subdivision (c)(5) or unless the court upon motion for the
convenience of parties and witnesses and in the interest of justice
orders otherwise, methods of discovery may be used in any
sequence, and the fact that a party is conducting discovery,
whether by deposition or otherwise, does not delay any other party’s
discovery.

(g) Supplementing of Responses. A party is under a duty to
amend a prior response or disclosure if the party:

(1) obtains information or otherwise determines that
the prior response or disclosure was incorrect when made; or

(2) obtains information or otherwise determines that
the prior response or disclosure, although correct when made, is no
longer materially true or complete.

(h) Time for Serving Supplemental Responses. Any
supplemental response served under this rule must be served as
soon as possible after discovery of the incorrect information or
change, but in no case may the supplemental response be served
later than 24 hours before any applicable hearing absent a showing
of good cause.

(i) Confidentiality of Records. A determination as to the
confidentiality of a court record must be made in accordance with
Florida Rule of General Practice and Judicial Administration 2.420.
Records found to be confidential under Florida Rule of General
Practice and Judicial Administration 2.420 must be sealed on
request of a party.
(j) Court Filing of Documents and Discovery. Information
obtained during discovery must not be filed with the court until
such time as it is filed for good cause. The requirement of good
cause is satisfied only where the filing of the information is allowed
or required by another applicable rule of procedure or by court
order.

Commentary
1995 Adoption. Florida Rule of Civil Procedure 1.280 is to
govern the general discovery provisions in family law matters with
the exceptions set forth above. Subdivision (a) of this rule alters rule
1.280(e) by placing a duty on parties in family law matters to
supplement responses. Under rule 1.280(e), no supplemental
response is required. Subdivisions (b), (c), and (d) of this rule are in
addition to the general requirements of rule 1.280 and have no
counterparts in the Rules of Civil Procedure. Subdivisions (c) and
(d) have been implemented in recognition of the fact that family law
cases often involve sensitive information that should be deemed
confidential under Florida Rule of Judicial Administration 2.051.
For instance, financial records filed may contain information
regarding a family business, which, if public, could provide
competitors with an advantage and adversely affect the family
business.