Florida Jimmy Ryce Rule 4.280
RULE 4.280. GENERAL PROVISIONS GOVERNING DISCOVERY
(a) Discovery methods. Parties may obtain discovery by
one or more of the following methods: depositions upon oral
examination; production of documents or things for inspection and
other purposes; and physical and mental examinations.
(b) 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, 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 ground 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) Trial Preparation: Materials. Subject to the
provisions of subdivision (b)(1) of this rule, a party may obtain
discovery of documents and tangible things otherwise discoverable
under subdivision (b)(1) of this rule and prepared in anticipation of
litigation for trial only upon 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
shall protect against disclosure of the mental impressions,
conclusions, opinions, or legal theories of an attorney or other
representative of a party concerning the litigation.
(3) Trial Preparation.
(A) (i) The state attorney bringing the action
shall disclose the names and addresses of all witnesses to be called
by the petitioner to testify at trial at the time of the filing of the
petition. The respondent shall disclose the names and addresses of
all witnesses to be called by the respondent at trial at the time of
filing the answer to the petition. The list of witnesses may be
amended without leave of court until ten days prior to trial.
Thereafter, the witness lists may be amended by leave of court.
(ii) The witness list shall include the names
and addresses of expert witnesses. A copy of all reports made by
experts shall be disclosed as soon as they are received. 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. Upon
motion, the court may order further discovery by other means,
subject to such restrictions as to scope and other provisions
pursuant to subdivision (b)(1) of this rule concerning fees and
expenses as the court may deem appropriate.
(iii) The state attorney shall provide the
respondent with copies of case reports, depositions, witness
statements and other records regarding the respondent’s prior
criminal history and confinement, and any other document or
material reviewed and relied upon by the multidisciplinary team in
evaluating the respondent, within ten days after the summons has
been returned served and filed with the clerk of the court.
(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 upon
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) Expert witnesses shall be paid a reasonable fee
for time spent responding to discovery under subdivision (b)(3)(A)
and (b)(3)(B) of this rule unless a manifest injustice would result.
Respondents who are not indigent may be required to pay for
discovery obtained under (b)(3)(A) and shall be responsible for
discovery obtained under (b)(3)(B). The state attorney and indigent
respondents shall apply for compensation for experts in the manner
prescribed by law.
(4) 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 shall make the claim expressly and shall 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. Attorney work product
claims and preparation for trial privilege claims shall be allowed.
(c) Protective Orders. Upon motion by a party, or by the
person from whom discovery is sought, and for good cause shown,
the court 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) the discovery not be had;
(2) the discovery may be had only on specified terms
and conditions, including a designation of the time or place;
(3) the discovery may be had only by a method of
discovery other than that selected by the party seeking discovery;
(4) certain matters not be inquired into, or that the
scope of the discovery be limited to certain matters;
(5) the discovery be conducted with no one present
except persons designated by the court;
(6) a deposition after being sealed be opened only by
order of the court; and
(7) 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.
(d) Sequence and Timing of Discovery. Except as provided
in subdivision (b)(1) 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, shall not delay any other
party’s discovery.
(e) Supplementing of Responses. A party who has
responded to a request for discovery with a response that was
complete when made is under a continuing duty to supplement the
response to include information thereafter acquired. This provision
shall apply to the reciprocal discovery obligation of the petitioner
and the respondent to reveal witnesses’ names and addresses on a
continuing basis. The court shall inquire into all claims of failure to
disclose and rule appropriately as to duties to disclose and as to
sanctions.
(a) Discovery methods. Parties may obtain discovery by
one or more of the following methods: depositions upon oral
examination; production of documents or things for inspection and
other purposes; and physical and mental examinations.
(b) 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, 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 ground 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) Trial Preparation: Materials. Subject to the
provisions of subdivision (b)(1) of this rule, a party may obtain
discovery of documents and tangible things otherwise discoverable
under subdivision (b)(1) of this rule and prepared in anticipation of
litigation for trial only upon 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
shall protect against disclosure of the mental impressions,
conclusions, opinions, or legal theories of an attorney or other
representative of a party concerning the litigation.
(3) Trial Preparation.
(A) (i) The state attorney bringing the action
shall disclose the names and addresses of all witnesses to be called
by the petitioner to testify at trial at the time of the filing of the
petition. The respondent shall disclose the names and addresses of
all witnesses to be called by the respondent at trial at the time of
filing the answer to the petition. The list of witnesses may be
amended without leave of court until ten days prior to trial.
Thereafter, the witness lists may be amended by leave of court.
(ii) The witness list shall include the names
and addresses of expert witnesses. A copy of all reports made by
experts shall be disclosed as soon as they are received. 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. Upon
motion, the court may order further discovery by other means,
subject to such restrictions as to scope and other provisions
pursuant to subdivision (b)(1) of this rule concerning fees and
expenses as the court may deem appropriate.
(iii) The state attorney shall provide the
respondent with copies of case reports, depositions, witness
statements and other records regarding the respondent’s prior
criminal history and confinement, and any other document or
material reviewed and relied upon by the multidisciplinary team in
evaluating the respondent, within ten days after the summons has
been returned served and filed with the clerk of the court.
(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 upon
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) Expert witnesses shall be paid a reasonable fee
for time spent responding to discovery under subdivision (b)(3)(A)
and (b)(3)(B) of this rule unless a manifest injustice would result.
Respondents who are not indigent may be required to pay for
discovery obtained under (b)(3)(A) and shall be responsible for
discovery obtained under (b)(3)(B). The state attorney and indigent
respondents shall apply for compensation for experts in the manner
prescribed by law.
(4) 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 shall make the claim expressly and shall 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. Attorney work product
claims and preparation for trial privilege claims shall be allowed.
(c) Protective Orders. Upon motion by a party, or by the
person from whom discovery is sought, and for good cause shown,
the court 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) the discovery not be had;
(2) the discovery may be had only on specified terms
and conditions, including a designation of the time or place;
(3) the discovery may be had only by a method of
discovery other than that selected by the party seeking discovery;
(4) certain matters not be inquired into, or that the
scope of the discovery be limited to certain matters;
(5) the discovery be conducted with no one present
except persons designated by the court;
(6) a deposition after being sealed be opened only by
order of the court; and
(7) 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.
(d) Sequence and Timing of Discovery. Except as provided
in subdivision (b)(1) 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, shall not delay any other
party’s discovery.
(e) Supplementing of Responses. A party who has
responded to a request for discovery with a response that was
complete when made is under a continuing duty to supplement the
response to include information thereafter acquired. This provision
shall apply to the reciprocal discovery obligation of the petitioner
and the respondent to reveal witnesses’ names and addresses on a
continuing basis. The court shall inquire into all claims of failure to
disclose and rule appropriately as to duties to disclose and as to
sanctions.