Florida Family Law Rule 12.350
RULE 12.350. PRODUCTION OF DOCUMENTS AND THINGS
AND ENTRY ON LAND FOR INSPECTION AND
OTHER PURPOSES
(a) Request; Scope. Any party may request any other party:
(1) to produce and permit the party making the
request, or someone acting in the requesting party’s behalf, to
inspect and copy any designated documents, including
electronically stored information, writings, drawings, graphs,
charts, photographs, audio, visual, or digital recordings, and other
data compilations from which information can be obtained,
translated, if necessary, by the party to whom the request is
directed through detection devices into reasonably usable form, that
constitute or contain matters within the scope of rule 12.280(c) and
that are in the possession, custody, or control of the party to whom
the request is directed;
(2) to inspect and copy, test, or sample any tangible
things that constitute or contain matters within the scope of rule
12.280(c) and that are in the possession, custody, or control of the
party to whom the request is directed; or
(3) to permit entry on designated land or other property
in the possession or control of the party on whom the request is
served for the purpose of inspection and measuring, surveying,
photographing, testing, or sampling the property or any designated
object or operation on it within the scope of rule 12.280(c).
(b) Procedure. Without leave of court the request 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. The request must set forth the items to be
inspected, either by individual item or category, and describe each
item and category with reasonable particularity. The request must
specify a reasonable time, place, and manner of making the
inspection or performing the related acts. The party to whom the
request is directed must serve a written response within 30 days
after service of the request, except that a respondent or third-party
defendant may serve a response within 45 days after service of the
process and initial pleading on that respondent or third-party
defendant. The court may allow a shorter or longer time. For each
item or category, the response must state that inspection and
related activities will be permitted as requested unless the request
is objected to, in which event the reasons for the objection must be
stated. If an objection is made to part of an item or category, the
part must be specified. When producing documents, the response
must include an accompanying notice filed in compliance with Rule
of General Practice and Judicial Administration 2.425 with the
court that states with specificity each document produced. When
producing documents, the producing party must either produce
them as they are kept in the usual course of business or must
identify them to correspond with the categories in the request. A
request for electronically stored information may specify the form or
forms in which electronically stored information is to be produced.
If the responding party objects to a requested form, or if no form is
specified in the request, the responding party must state the form
or forms it intends to use. If a request for electronically stored
information does not specify the form of production, the producing
party must produce the information in a form or forms in which it is
ordinarily maintained or in a reasonably usable form or forms. The
party submitting the request may move for an order under rule
12.380 concerning any objection, failure to respond to the request,
or any part of it, or failure to permit the inspection as requested.
(c) Persons Not Parties. This rule does not preclude an
independent action against a person not a party for production of
documents and things and permission to enter on land.
(d) Filing of Documents. Unless required by the court, a
party shall not file any of the documents or things produced with
the response, although a party must include an accompanying
notice filed in compliance with Rule of General Practice and Judicial
Administration 2.425 with the court that states with specificity each
document produced. Documents or things may be filed in
compliance with Florida Rule of General Practice and Judicial
Administration 2.425 and rule 12.280(j) when they should be
considered by the court in determining a matter pending before the
court.
AND ENTRY ON LAND FOR INSPECTION AND
OTHER PURPOSES
(a) Request; Scope. Any party may request any other party:
(1) to produce and permit the party making the
request, or someone acting in the requesting party’s behalf, to
inspect and copy any designated documents, including
electronically stored information, writings, drawings, graphs,
charts, photographs, audio, visual, or digital recordings, and other
data compilations from which information can be obtained,
translated, if necessary, by the party to whom the request is
directed through detection devices into reasonably usable form, that
constitute or contain matters within the scope of rule 12.280(c) and
that are in the possession, custody, or control of the party to whom
the request is directed;
(2) to inspect and copy, test, or sample any tangible
things that constitute or contain matters within the scope of rule
12.280(c) and that are in the possession, custody, or control of the
party to whom the request is directed; or
(3) to permit entry on designated land or other property
in the possession or control of the party on whom the request is
served for the purpose of inspection and measuring, surveying,
photographing, testing, or sampling the property or any designated
object or operation on it within the scope of rule 12.280(c).
(b) Procedure. Without leave of court the request 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. The request must set forth the items to be
inspected, either by individual item or category, and describe each
item and category with reasonable particularity. The request must
specify a reasonable time, place, and manner of making the
inspection or performing the related acts. The party to whom the
request is directed must serve a written response within 30 days
after service of the request, except that a respondent or third-party
defendant may serve a response within 45 days after service of the
process and initial pleading on that respondent or third-party
defendant. The court may allow a shorter or longer time. For each
item or category, the response must state that inspection and
related activities will be permitted as requested unless the request
is objected to, in which event the reasons for the objection must be
stated. If an objection is made to part of an item or category, the
part must be specified. When producing documents, the response
must include an accompanying notice filed in compliance with Rule
of General Practice and Judicial Administration 2.425 with the
court that states with specificity each document produced. When
producing documents, the producing party must either produce
them as they are kept in the usual course of business or must
identify them to correspond with the categories in the request. A
request for electronically stored information may specify the form or
forms in which electronically stored information is to be produced.
If the responding party objects to a requested form, or if no form is
specified in the request, the responding party must state the form
or forms it intends to use. If a request for electronically stored
information does not specify the form of production, the producing
party must produce the information in a form or forms in which it is
ordinarily maintained or in a reasonably usable form or forms. The
party submitting the request may move for an order under rule
12.380 concerning any objection, failure to respond to the request,
or any part of it, or failure to permit the inspection as requested.
(c) Persons Not Parties. This rule does not preclude an
independent action against a person not a party for production of
documents and things and permission to enter on land.
(d) Filing of Documents. Unless required by the court, a
party shall not file any of the documents or things produced with
the response, although a party must include an accompanying
notice filed in compliance with Rule of General Practice and Judicial
Administration 2.425 with the court that states with specificity each
document produced. Documents or things may be filed in
compliance with Florida Rule of General Practice and Judicial
Administration 2.425 and rule 12.280(j) when they should be
considered by the court in determining a matter pending before the
court.