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Formal Discovery

Discovery is the process by which each spouse gathers critical relevant case information and evidence from the other spouse. The primary purpose of discovery is to prevent any surprise and trickery that could potentially arise in the legal process. Northup v. Acken, 865 So.2d 1267 (2004).

What Type of Information can you get in Discovery?

Typically the scope of discovery is fairly broad. According to Florida law, “[p]arties 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.” 

Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action.

What Methods Are Available For Discovery?

In Florida, there are several methods of discovery. The methods available for discovery include: Interrogatories, Request for Production, Requests to Admit, Depositions, and various forms of informal discovery. These methods can vary in time length and expense. Please click the links below to learn more about each method:

When Does Discovery Begin?

After the initial pleading has been served, the parties have 45 days to exchange all required mandatory discovery.

Limitations on Discovery

The court may order a ‘protective order’ to protect a party from certain parts of the discovery process. In order for the court to do so, one of the parties must make a showing of good cause that certain discovery would result in undue annoyance, embarrassment, oppression, burden or expense for the party and therefore, should be disallowed or conducted in a specific way. 

Locations

Primary Office Locations

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