When you own your own business, your primary focus is usually on your enterprise’s needs and day-to-day operations and not on being sued. However, the reality is that most businesses will be sued at some point during their existence. In addition, a business may also need to file a suit over a disputed issue. In either situation, you will need to understand how the litigation process works and what to expect. In all likelihood, you will either need to serve or will be served with requests for production during your case. Therefore, it’s important to know more about this type of discovery. Here is more on understanding requests for production.
Discovery in a Florida Business Lawsuit
A Florida business lawsuit involves parties gathering and presenting information to support or negate their claims and defenses. Discovery is the process they will use to formally request documents, photographs, charts, and other records from each other.
Florida Rule of Civil Procedure 1.350 provides that any party may request another party:
- “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, and audiovisual 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 a reasonably usable form, that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed;
- to inspect and copy, test, or sample any tangible things that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed; or
- to permit entry upon designated land or other property in the possession or control of the party upon 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 1.280(b).”
How long Does a Party Have to Respond to a Request for Production?
Under the applicable rule, “the party to whom the request is directed shall serve a written response within 30 days after service of the request, except that a defendant may serve a response within 45 days after service of the process and initial pleading on that defendant.” However, the court can amend the time frame.
What Does a Request for Production Include?
Requests for production in a Florida business lawsuit can include documents such as accounting records, reports, photographs, diagrams, email communications, policies, employee handbooks, and other materials that relate to the lawsuit. What a party may be asked to produce will depend on the case and the nature of the dispute.
How to Request and Respond to Production
Requests for production should be written in a manner that clearly identifies what the party is seeking. When a party fails to use the right language, the recipient of the request may object to the production. If parties cannot agree on a production-related issue, they may have to go to court for resolution.
When a party serves a request for production, they may use the information they obtain to support their claims and defenses. These documents and other materials may also lead to additional discovery requests and deposition questions.
Discovery is a crucial part of the litigation process, and it’s important to understand and follow the rules. The best way to help ensure that you make proper requests and objections is by working with an experienced Florida business attorney. Your Florida business lawyer can help you evaluate the issues in your case and determine how to propound and respond to requests for production and use other discovery measures in your case.
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.