Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter… Can a Party ever Limit Discovery in a Lawsuit?ĭuring discovery, a party can claim that that something requested by the opposing party is privileged or protected. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: Evidence can be discoverable even if it will not be admissible at trial. The scope of discovery in a lawsuit is very broad.
#Motion discovery template florida trial#
The Florida Rules of civil procedure provides when discovery can be limited by the trial court.
Therefore, there are rules in place to govern how the parties and the court can proceed during discovery. But what happens if the case is already at the stage of discovery and a party files a motion to dismiss? Does all discovery have to stop while the parties wait for the court to either grant or deny the motion? Under Florida law, a motion to dismiss is not sufficient good cause to stay discovery.ĭiscovery is the process that opposing parties use to build evidence against another and is an instrumental part of the adversarial system.
When a party files a lawsuit, the opposing party can file an answer to the complaint or file a motion to dismiss the case.
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