In business, there may be times you and another will end up in court over a dispute. Whether you are the party who initiated the case or the one being sued, you will need to understand the process and what to expect. A critical part of the lawsuit will involve discovery. Here is more on understanding the discovery process in a Florida business lawsuit.
What is Discovery?
When a lawsuit is filed, each side will need to obtain information from the other. Depending on the type of case, the law will require parties to disclose specific information upfront. However, there may be other relevant details that a plaintiff or defendant will want to help them develop and prove their side of the case. Discovery is the legal process the requesting party will use to get that information.
Types of Discovery in a Business Lawsuit
A party may use various forms of discovery in a business lawsuit. Someone who serves discovery on another party may use all or some of the following forms of discovery:
- Depositions
- Request for Production of documents or inspection;
- Written interrogatories;
- Requests for admission; and
- Subpoenas
Depositions—depositions can come in two forms, 1) in person or 2) on written questions. An oral or in-person deposition involves a person being placed under oath and asked questions by their and the opposing party’s attorney in person or through video conferencing. Deposition witnesses can also include other people involved or connected to the case. Written depositions are questions sent to the witness that they answer instead of being asked in person. Deposition questions and responses are often used to examine and evaluate business lawsuit claims and can be used as evidence at trial.
Production—A request for production is when a party asks for specific documents. A request for inspection involves the party asking to come to a location and review materials.
Interrogatories—interrogatories also involve a party sending questions to another party. These questions typically ask the responding party to provide certain descriptions and details. For instance, a plaintiff may send a defendant interrogatories that ask them to describe their manufacturing process.
Admissions—Requests for admissions are written statements that a party will be asked to admit or deny. Sometimes, these will be relatively simple. For example, admit your company is incorporated in Florida. Other times, the request may be complicated, and seek information that can help the requesting party establish the elements of their claim.
Subpoenas—discovery is used to request information from those involved in the case and third parties. If the party or third party doesn’t produce the documents, the plaintiff or defendant can seek a court order or subpoena. However, the issuing judge would have to agree that the request was reasonable and that the information sought is relevant to the lawsuit. Subpoenas can also be used to require a witness to be present and to bring documents with them.
Often, a party will have 30 days to respond to discovery requests. For depositions, a party must give reasonable notice to the other. In some courts, reasonable notice is 14 days. Once the deadline to respond passes, you may need to take action to get them to produce your documents. For example, suppose you made a request for production and the other party failed to produce the requested documents. In this circumstance, you may have to go to court and have them ordered to comply.
Resisting Discovery Requests
Discovery is meant to provide a way for the parties to get the information they need to pursue and defend their case. However, just because the information is sought during discovery, that does not always mean that the request is relevant, proper, or being brought in good faith. Further, some discovery will seek privileged information.
Once you are served with discovery, there is a limited amount of time to respond, and there can be consequences for failing to comply with the discovery deadlines. Even then, you will need to respond in a certain manner and assert all applicable privileges to protect your information and case.
Discovery can have a significant impact on your case and is time-sensitive. Therefore, if you are served with or want to serve discovery during a Florida business lawsuit, you should consult a Florida business attorney as soon as possible.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business 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.