A Florida business lawsuit involves multiple phases. First, the case will start with a plaintiff filing suit and the defendant or respondent having time to file responsive pleadings. Next, each side will be provided with the opportunity to request information from the other through a process called discovery. Discovery can be conducted through various means, and knowing what to request is essential. Here is more on what to request during discovery.
What is Discovery?
Discovery is a process that involves parties requesting information related to a legal dispute. Florida law governs how the two sides obtain and exchange evidence during the discovery phase of a lawsuit.
What are the Types of Discovery?
Discovery can involve requests for documents (production), interrogatories (detailed information), and admissions. Parties may also decide to take depositions. Depositions are conducted outside of court but require a deponent (person being deposed) to answer questions from the other party’s attorney under oath while having their responses recorded. These meetings usually occur at the deposing attorney’s office with a court reporter present or recorded via video. Depositions on written questions require the party served to provide sworn responses in writing to specific questions. Parties may also serve a subpoena duces tecum to request important documents.
What is the Purpose of Discovery?
Discovery is provided so that the parties will have a formal and potentially admissible way to gather information and evidence they need to prove and defend their claims and affirmative defenses. The Florida Rules of Civil Procedure and Rules and Evidence establish the necessary timelines, rules, and procedures for the parties to follow and observe during the process.
What Should I Ask for During Discovery?
Generally speaking, you can request relevant information during discovery. However, if your requests or questions are irrelevant or too broad, the other party can and usually will object.
Depending on the allegations and defenses, discovery may involve a range of business information and records. For instance, in a business lawsuit, requests for production can be specifically phrased to procure vendor agreements, contracts, and other documents that reflect the opposing party’s business practices. If the case involves intellectual property, a litigant may be asked to provide information about their branding. If a confidentiality or non-compete agreement has been breached, the questions and discovery may concern a former employee’s activity and interactions with another party. You may also want to depose the other party and their witnesses and ask specific fact questions related to the case. In that case, you will need to have a firm idea of the questions needed to serve your purpose.
Business lawsuit discovery can be highly effective for parties. It’s essential to know how to ask for the information you need to support your case. The more you understand your claims and defenses, the better you can prepare for discovery.
You need the advice of a knowledgeable legal advocate to object and respond to discovery properly. If you are involved in a Florida business lawsuit, you should contact an experienced Florida business attorney. Your business lawyer can help you evaluate your case and determine the most effective way to use discovery for your benefit.
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.