Florida Family Law Rule 12.340
RULE 12.340. INTERROGATORIES TO PARTIES
(a) Procedure for Use. Without leave of court, any party
may serve on any other party written interrogatories to be answered
by the party to whom the interrogatories are directed, or if that
party is a public or private corporation or partnership or association
or governmental agency, by any officer or agent, who must furnish
the information available to that party. Interrogatories may be
served on the petitioner after commencement of the action and on
any other party with or after service of the process and initial
pleading on that party. A party may serve fewer than all of the
approved interrogatories within a form.
(1) Initial Interrogatories. Initial interrogatories to
parties in original and enforcement actions must be those set forth
in Florida Family Law Rules of Procedure Form 12.930(b). Parties
governed by the mandatory disclosure requirements of rule 12.285
may serve the interrogatories set forth in Florida Family Law Rules
of Procedure Form 12.930(b).
(2) Modification Interrogatories. Interrogatories to
parties in cases involving modification of a final judgment must be
those set forth in Florida Family Law Rules of Procedure Form
12.930(c). Parties governed by the mandatory disclosure
requirements of rule 12.285 may serve the interrogatories set forth
in Florida Family Law Rules of Procedure Form 12.930(c).
(b) Additional Interrogatories. Ten interrogatories,
including subparts, may be sent to a party, in addition to the
standard interrogatories contained in Florida Family Law Rules of
Procedure Form 12.930(b) or Florida Family Law Rules of Procedure
Form 12.930(c). A party must obtain permission of the court to
send more than 10 additional interrogatories. The expert
interrogatories authorized by rule 12.280 are not included within
the limitation of ten additional interrogatories to a party prescribed
by this rule.
(c) Service of and Objections to Interrogatories. Each
interrogatory must be answered separately and fully in writing
under oath unless it is objected to, in which event the grounds for
objection must be stated and signed. The party to whom the
interrogatories are directed must serve the answers and any
objections within 30 days after the service of the interrogatories,
except that a respondent may serve answers or objections within 45
days after service of the process and initial pleading on that
respondent. The court may allow a shorter or longer time. The party
submitting the interrogatories may move for an order under rule
12.380(a) on any objection to or other failure to answer an
interrogatory.
(d) Serving of Responses. Parties must serve responses to
interrogatories on the requesting party. Responses must not be filed
with the court unless they are admitted into evidence by the court
and are in compliance with Florida Rule of General Practice and
Judicial Administration 2.425. The responding party must file with
the court Florida Family Law Rules of Procedure Form 12.930(d),
Notice of Service of Answers to Standard Family Law
Interrogatories.
(e) Scope; Use at Trial. Interrogatories may relate to any
matters that can be inquired into under rule 12.280(b), and the
answers may be used to the extent permitted by the rules of
evidence except as otherwise provided in this subdivision. An
interrogatory otherwise proper is not objectionable merely because
an answer to the interrogatory involves an opinion or contention
that relates to fact or calls for a conclusion or asks for information
not within the personal knowledge of the party. A party must
respond to such an interrogatory by giving the information the
party has and the source on which the information is based. Such a
qualified answer may not be used as direct evidence for or
impeachment against the party giving the answer unless the court
finds it otherwise admissible under the rules of evidence.
(f) Option to Produce Records. When the answer to an
interrogatory may be derived or ascertained from the records
(including electronically stored information) of the party to whom
the interrogatory is directed or from an examination, audit, or
inspection of the records or from a compilation, abstract, or
summary based on the records and the burden of deriving or
ascertaining the answer is substantially the same for the party
serving the interrogatory as for the party to whom it is directed, an
answer to the interrogatory specifying the records from which the
answer may be derived or ascertained and offering to give the party
serving the interrogatory a reasonable opportunity to examine,
audit, or inspect the records and to make copies, compilations,
abstracts, or summaries, production of the records in lieu of a
written response is a sufficient answer. An answer must be in
sufficient detail to permit the interrogating party to locate and to
identify, as readily as can the party interrogated, the records from
which the answer may be derived or ascertained, or must identify a
person or persons representing the interrogated party who will be
available to assist the interrogating party in locating and identifying
the records at the time they are produced. If the records to be
produced consist of electronically stored information, the records
must be produced in a form or forms in which they are ordinarily
maintained or in a reasonably usable form or forms.
(g) Effect on Other Parties. Answers made by a party are
not binding on any other party.
(h) Service. Interrogatories must be arranged so that a
blank space is provided after each separately numbered
interrogatory. The space must be reasonably sufficient to enable the
answering party to insert the answer within the space. If sufficient
space is not provided, the answering party may attach additional
pages with answers and refer to them in the space provided in the
interrogatories. The interrogatories must be served on the party to
whom the interrogatories are directed and copies must be served on
all other parties. A certificate of service of the interrogatories must
be filed, giving the date of service and the name of the party to
whom they were directed.
Commentary
1995 Adoption. For parties governed under the disclosure
requirements of rule 12.285(d) (income or expenses of $50,000 or
more), the answers to the interrogatories contained in Form
12.930(b) must be automatically served on the other party. For
parties governed under the disclosure requirements of rule
12.285(c) (income and expenses under $50,000), the service of the
interrogatories contained in Form 12.930(b) is optional as provided
in Florida Rule of Civil Procedure 1.340. Additionally, under this
rule, 10 additional interrogatories, including subparts, may be
submitted beyond those contained in Florida Family Law Rules of
Procedure Form 12.930(b). Leave of court is required to exceed 10
additional interrogatories. The provisions of Florida Rule of Civil
Procedure 1.340 are to govern the procedures and scope of the
additional interrogatories.
Committee Note
1997 Amendment. The rule was amended to conform to the
changes made to rule 12.285, Mandatory Disclosure.
(a) Procedure for Use. Without leave of court, any party
may serve on any other party written interrogatories to be answered
by the party to whom the interrogatories are directed, or if that
party is a public or private corporation or partnership or association
or governmental agency, by any officer or agent, who must furnish
the information available to that party. Interrogatories may be
served on the petitioner after commencement of the action and on
any other party with or after service of the process and initial
pleading on that party. A party may serve fewer than all of the
approved interrogatories within a form.
(1) Initial Interrogatories. Initial interrogatories to
parties in original and enforcement actions must be those set forth
in Florida Family Law Rules of Procedure Form 12.930(b). Parties
governed by the mandatory disclosure requirements of rule 12.285
may serve the interrogatories set forth in Florida Family Law Rules
of Procedure Form 12.930(b).
(2) Modification Interrogatories. Interrogatories to
parties in cases involving modification of a final judgment must be
those set forth in Florida Family Law Rules of Procedure Form
12.930(c). Parties governed by the mandatory disclosure
requirements of rule 12.285 may serve the interrogatories set forth
in Florida Family Law Rules of Procedure Form 12.930(c).
(b) Additional Interrogatories. Ten interrogatories,
including subparts, may be sent to a party, in addition to the
standard interrogatories contained in Florida Family Law Rules of
Procedure Form 12.930(b) or Florida Family Law Rules of Procedure
Form 12.930(c). A party must obtain permission of the court to
send more than 10 additional interrogatories. The expert
interrogatories authorized by rule 12.280 are not included within
the limitation of ten additional interrogatories to a party prescribed
by this rule.
(c) Service of and Objections to Interrogatories. Each
interrogatory must be answered separately and fully in writing
under oath unless it is objected to, in which event the grounds for
objection must be stated and signed. The party to whom the
interrogatories are directed must serve the answers and any
objections within 30 days after the service of the interrogatories,
except that a respondent may serve answers or objections within 45
days after service of the process and initial pleading on that
respondent. The court may allow a shorter or longer time. The party
submitting the interrogatories may move for an order under rule
12.380(a) on any objection to or other failure to answer an
interrogatory.
(d) Serving of Responses. Parties must serve responses to
interrogatories on the requesting party. Responses must not be filed
with the court unless they are admitted into evidence by the court
and are in compliance with Florida Rule of General Practice and
Judicial Administration 2.425. The responding party must file with
the court Florida Family Law Rules of Procedure Form 12.930(d),
Notice of Service of Answers to Standard Family Law
Interrogatories.
(e) Scope; Use at Trial. Interrogatories may relate to any
matters that can be inquired into under rule 12.280(b), and the
answers may be used to the extent permitted by the rules of
evidence except as otherwise provided in this subdivision. An
interrogatory otherwise proper is not objectionable merely because
an answer to the interrogatory involves an opinion or contention
that relates to fact or calls for a conclusion or asks for information
not within the personal knowledge of the party. A party must
respond to such an interrogatory by giving the information the
party has and the source on which the information is based. Such a
qualified answer may not be used as direct evidence for or
impeachment against the party giving the answer unless the court
finds it otherwise admissible under the rules of evidence.
(f) Option to Produce Records. When the answer to an
interrogatory may be derived or ascertained from the records
(including electronically stored information) of the party to whom
the interrogatory is directed or from an examination, audit, or
inspection of the records or from a compilation, abstract, or
summary based on the records and the burden of deriving or
ascertaining the answer is substantially the same for the party
serving the interrogatory as for the party to whom it is directed, an
answer to the interrogatory specifying the records from which the
answer may be derived or ascertained and offering to give the party
serving the interrogatory a reasonable opportunity to examine,
audit, or inspect the records and to make copies, compilations,
abstracts, or summaries, production of the records in lieu of a
written response is a sufficient answer. An answer must be in
sufficient detail to permit the interrogating party to locate and to
identify, as readily as can the party interrogated, the records from
which the answer may be derived or ascertained, or must identify a
person or persons representing the interrogated party who will be
available to assist the interrogating party in locating and identifying
the records at the time they are produced. If the records to be
produced consist of electronically stored information, the records
must be produced in a form or forms in which they are ordinarily
maintained or in a reasonably usable form or forms.
(g) Effect on Other Parties. Answers made by a party are
not binding on any other party.
(h) Service. Interrogatories must be arranged so that a
blank space is provided after each separately numbered
interrogatory. The space must be reasonably sufficient to enable the
answering party to insert the answer within the space. If sufficient
space is not provided, the answering party may attach additional
pages with answers and refer to them in the space provided in the
interrogatories. The interrogatories must be served on the party to
whom the interrogatories are directed and copies must be served on
all other parties. A certificate of service of the interrogatories must
be filed, giving the date of service and the name of the party to
whom they were directed.
Commentary
1995 Adoption. For parties governed under the disclosure
requirements of rule 12.285(d) (income or expenses of $50,000 or
more), the answers to the interrogatories contained in Form
12.930(b) must be automatically served on the other party. For
parties governed under the disclosure requirements of rule
12.285(c) (income and expenses under $50,000), the service of the
interrogatories contained in Form 12.930(b) is optional as provided
in Florida Rule of Civil Procedure 1.340. Additionally, under this
rule, 10 additional interrogatories, including subparts, may be
submitted beyond those contained in Florida Family Law Rules of
Procedure Form 12.930(b). Leave of court is required to exceed 10
additional interrogatories. The provisions of Florida Rule of Civil
Procedure 1.340 are to govern the procedures and scope of the
additional interrogatories.
Committee Note
1997 Amendment. The rule was amended to conform to the
changes made to rule 12.285, Mandatory Disclosure.