Sometimes, business litigation can involve parties that are not part of the case. For example, another entity may be implicated when external entities are in business with a party or someone outside the case owns the property where business is being conducted. Under these and other circumstances, a party may need records from this third party that are relevant to support their claims or defenses. Someone in this position may need to know: Can I request discovery from a non-party?
What Happens During Florida Discovery?
During the discovery phase of a Florida lawsuit, the parties will be given an opportunity to request and exchange information and evidence. The Florida rules of civil procedure govern the process, and when parties don’t agree, they can take their disputes before the court.
Generally, discovery occurs after the Complaint and Answer have been filed. The Florida rules of civil procedure and rules of evidence apply to the discovery process and help create parameters for what parties can request and are obligated to provide.
In a Florida business lawsuit, the parties can serve discovery on one another and ask for documents through requests for production. They can also ask questions in depositions and through interrogatories. Parties may also prepare and deliver requests for admissions asking that the other side admit or deny certain facts.
Can I Ask a Non-Party for Discovery?
When a party wants information from someone outside the lawsuit, they may need to serve discovery on that third party. Parties to a Florida business lawsuit can serve a non-party with a deposition notice or document request without a deposition. However, these litigants cannot serve a third party with interrogatories and requests for admissions. These types of discovery requests are limited to parties to the lawsuit.
Non-Party or Third-Party Objections
There can also be situations when a non-party or third-party will object to a civil subpoena requesting documents that concern its confidential information. For instance, this may come up when a complainant or defendant requests records that contain another party’s private financial information. When a trial court addresses a non-party’s objection to producing allegedly confidential or trade secret documents, it must “weigh the requesting party’s need for those records against the privacy interests of the objecting non-party.”
Another matter to consider is whether the case at issue has been filed in state or federal court. If the case is federal, Rule 45 permits parties to serve a non-party with a subpoena for the production of documents. That same rule affords the non-party with certain rights and obligations. Non-party discovery operates differently under Florida law.
Non-party discovery can be crucial to proving or defending a Florida business lawsuit. If you are involved in a Florida business lawsuit and need to conduct discovery, you should contact an experienced Florida business attorney. Your lawyer can help you develop an effective case strategy. Your business counsel can also help you evaluate your case and determine what type of discovery you need and how to make your requests.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.