When you file a business lawsuit or are served with one, there is a strong possibility that you or the other party will serve discovery during the case. Discovery requests and responses can be essential to establishing and defending a cause of action. The objections that can be raised during the process can have a significant impact on discovery and your case outcomes. Therefore, if you are involved in a case, it’s important to understand Florida business lawsuit discovery objections.
What is Discovery?
Discovery is a formal process in a Florida business lawsuit that allows the parties to investigate one another’s claims and defenses and gather documents and information. Florida law provides rules establishing how discovery is to be requested and completed. The purpose of discovery is to provide the parties with a legally structured way to get evidence from one another and narrow the issues in the lawsuit.
Types of Discovery in a Florida Business Lawsuit
There are multiple types of discovery available in a Florida business lawsuit. Parties may use some or all of the available discovery measures to get information from one another. These types of discovery may include:
Requests for the Production of Documents-These are formal requests for documents and other physical materials from an opposing party.
Interrogatories—These are short question requests that seek specific details and information from the opposing party. Parties are limited to the number of interrogatories they can request. The interrogatories “must not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause.”
Depositions—These are formal meetings where one party’s attorney will ask the deponent questions under oath. There will be a court reporter taking a transcript during the process, or they can be video recorded. Depositions can also be on written questions. This involves parties sending written questions to the deponent for them to answer and return.
Requests for Admission-These are requests that provide a statement to which the recipient will be asked to agree to disagree in writing. These requests are time-sensitive, and failing to comply with certain deadlines can result in facts being deemed (established) and admitted.
Mental and Physical Exams—these discovery tools allow parties to conduct inquiries when there is a mental or physical issue in the case.
Property Inspection—this type of discovery allows a party to physically go on to another’s property to look at something relevant to the case.
How do Objections Work During Discovery
Parties can raise objections during discovery because requests are improper or seek information that is completely irrelevant to the case. However, parties can request evidence that would otherwise be inadmissible at trial if it is likely to lead to the discovery of relevant evidence.
A party may also object because the discovery seeks privileged information or attorney work product. Generally, objections on the grounds that a request “is overly broad, unduly burdensome, and outside the scope of permissible discovery” are typically not enough without further explanation and application to the case facts.
Deposition objections are generally different than those raised to written discovery. These objections typically are in the form of a question or its relevance. They may also be raised because they seek privileged information.
Discovery is a significant part of a Florida business lawsuit, and it’s crucial that you have the advocacy and advice of an experienced Florida business lawyer during the process. Your lawyer can help you prepare and respond to discovery in a manner that supports your case and protects your interests.
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.