One of the legal processes that often
stymies pro se litigants is the discovery process. Both sides are
entitled to the information on which his opponent bases his case. In
theory, all the information and documents about the case are out in
the open, and available upon request. But, for a pro se litigant up
against an opposing attorney the process can be daunting.
The three most widely used discovery
tools are:
A Request for Interrogatories is a set
of questions asked of the opposing party to gather information
pertinent to the case. The questions are crafted to elicit specific
responses designed to move the case forward. The questions can ask
the opposing party almost anything about the case or facts of the
case within the opposing party's own personal knowledge. The
questions may not be designed to harass or embarrass the opposing
party. The number of interrogatories is limited to 30 questions
including sub-parts.
A Request for Production generally
requests documents, but it can request other things or tangible items
such as audio tapes, video tapes, drawings, etc. which are in the
possession or control of the party receiving the request.
A Request for Admissions is a
particularly powerful discovery tool. The requesting party submits up
to 30 statements to the other party asking the receiving party to
either admit or deny the statements. Any statement in a Request for
Admission that is not answered is deemed admitted.
The procedure is similar for each of
these types of discovery requests. The requesting party files a
notice of discovery in the court record, but not the discovery
request itself. The requesting party then provides a copy of the
notice and the actual discovery request to the opposing party. In
general, responses to discovery requests are due within 30 days,
although more or less time for response can be allowed by the court.
The requesting party files a notice of discovery in the court record,
but not the discovery request itself.
The discovery requests include
instructions for the recipient such as when and where to respond; and
any other instruction to clarify the request for the respondent. A
list of definitions of terminology is also included, again to clarify
exactly what is meant in the request.
Following are Florida Rules of
Procedure for each of these types of discovery requests:
RULE 1.340 INTERROGATORIES TO
PARTIES
(a) Procedure for Use. Without leave of
court, any party may serve upon any other party written
interrogatories to be answered
(1) by the party to whom the
interrogatories are directed, or
(2) if that party is a public or
private corporation or partnership or association or governmental
agency, by any officer or agent, who shall furnish the information
available to that party. Interrogatories may be served on the
plaintiff after commencement of the action and on any other party
with or after service of the process and initial pleading upon that
party. The interrogatories shall not exceed 30, including all
subparts, unless the court permits a larger number on motion and
notice and for good cause. If the supreme court has approved a form
of interrogatories for the type of action, the initial
interrogatories shall be in the form approved by the court. Other
interrogatories may be added to the approved forms without leave of
court, so long as the total of approved and additional
interrogatories does not exceed 30. Each interrogatory shall be
answered separately and fully in writing under oath unless it is
objected to, in which event the grounds for objection shall be stated
and signed by the attorney making it. The party to whom the
interrogatories are directed shall serve the answers and any
objections within 30 days after the service of the interrogatories,
except that a defendant may serve answers or objections within 45
days after service of the process and initial pleading upon that
defendant. The court may allow a shorter or longer time. The party
submitting the interrogatories may move for an order under rule
1.380(a) on any objection to or other failure to answer an
interrogatory.
(b) Scope; Use at Trial.
Interrogatories may relate to any matters that can be inquired into
under rule 1.280(b), and the answers may be used to the extent
permitted by the rules of evidence except as otherwise provided in
this subdivision. An interrogatory otherwise proper is not
objectionable merely because an answer to the interrogatory involves
an opinion or contention that relates to fact or calls for a
conclusion or asks for information not within the personal knowledge
of the party. A party shall respond to such an interrogatory by
giving the information the party has and the source on which the
information is based. Such a qualified answer may not be used as
direct evidence for or impeachment against the party giving the
answer unless the court finds it otherwise admissible under the rules
of evidence. If a party introduces an answer to an interrogatory, any
other party may require that party to introduce any other
interrogatory and answer that in fairness ought to be considered with
it.
(c) Option to Produce Records. When the
answer to an interrogatory may be derived or ascertained from the
records of the party to whom the interrogatory is directed or from an
examination, audit, or inspection of the records or from a
compilation, abstract, or summary based on the records and the burden
of deriving or ascertaining the answer is substantially the same for
the party serving the interrogatory as for the party to whom it is
directed, an answer to the interrogatory specifying the records from
which the answer may be derived or ascertained and offering to give
the party serving the interrogatory a reasonable opportunity to
examine, audit, or inspect the records and to make copies,
compilations, abstracts, or summaries is a sufficient answer. An
answer shall be in sufficient detail to permit the interrogating
party to locate and to identify, as readily as can the party
interrogated, the records from which the answer may be derived or
ascertained, or shall identify a person or persons representing the
interrogated party who will be available to assist the interrogating
party in locating and identifying the records at the time they are
produced.
(d) Effect on Co-party. Answers made by
a party shall not be binding on a co-party.
(e) Service and Filing. Interrogatories
shall be arranged so that a blank space is provided after each
separately numbered interrogatory. The space shall be reasonably
sufficient to enable the answering party to insert the answer within
the space. If sufficient space is not provided, the answering party
may attach additional papers with answers and refer to them in the
space provided in the interrogatories. The interrogatories shall be
served on the party to whom the interrogatories are directed and
copies shall be served on all other parties. A certificate of service
of the interrogatories shall be filed, giving the date of service and
the name of the party to whom they were directed. The answers to the
interrogatories shall be served upon the party originally propounding
the interrogatories and a copy shall be served on all other parties
by the answering party. The original or any copy of the answers to
interrogatories may be filed by any party when the court should
consider the answers to interrogatories in determining any matter
pending before the court. The court may order a copy of the answers
to interrogatories filed at any time when the court determines that
examination of the answers to interrogatories is necessary to
determine any matter pending before the court.
RULE 1.350 PRODUCTION OF DOCUMENTS AND
THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES
(a) Request; Scope. Any party may
request any other party
(1) to produce and permit the party
making the request, or someone acting in the requesting party's
behalf, to inspect and copy and designated documents, including
writings, drawings, graphs, charts, photographs, phono-records, 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 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;
(2) 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
(3) 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).
(b) Procedure. Without leave of court
the request may be served on the plaintiff after commencement of the
action and on any other party with or after service of the process
and initial pleading on that party. The request shall set forth the
items to be inspected, either by individual item or category, and
describe each item and category with reasonable particularity. The
request shall specify a reasonable time, place, and manner of making
the inspection or performing the related acts. 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. The court may allow a shorter or longer
time. For each item or category the response shall state that
inspection and related activities will be permitted as requested
unless the request is objected to, in which event the reasons for the
objection shall be stated. If an objection is made to part of an item
or category, the part shall be specified. When producing documents,
the producing party shall either produce them as they are kept in the
usual course of business or shall identify them to correspond with
the categories in the request. The party submitting the request may
move for an order under rule 1.380 concerning any objection, failure
to respond to the request, or any part of it, or failure to permit
the inspection as requested.
(c) Persons Not Parties. This rule does
not preclude an independent action against a person not a party for
production of documents and things and permission to enter upon land.
(d) Filing of Documents. Unless
required by the court, a party shall not file any of the documents or
things produced with the response. Documents or things may be filed
when they should be considered by the court in determining a matter
pending before the court.
RULE 1.370 REQUESTS FOR ADMISSION
(a) Request for Admission. A party may
serve upon any other party a written request for the admission of the
truth of any matters within the scope of rule 1.280(b) set forth in
the request that relate to statements or opinions of fact or of the
application of law to fact, including the genuineness of any
documents described in the request. Copies of documents shall be
served with the request unless they have been or are otherwise
furnished or made available for inspection and copying. Without leave
of court the request may be served upon the plaintiff after
commencement of the action and upon any other party with or after
service of the process and initial pleading upon that party. The
request for admission shall not exceed 30 requests, including all
subparts, unless the court permits a larger number on motion and
notice and for good cause, or the parties propounding and responding
to the requests stipulate to a larger number. Each matter of which an
admission is requested shall be separately set forth. The matter is
admitted unless the party to whom the request is directed serves upon
the party requesting the admission a written answer or objection
addressed to the matter within 30 days after service of the request
or such shorter or longer time as the court may allow but, unless the
court shortens the time, a defendant shall not be required to serve
answers or objections before the expiration of 45 days after service
of the process and initial pleading upon the defendant. If objection
is made, the reasons shall be stated. The answer shall specifically
deny the matter or set forth in detail the reasons why the answering
party cannot truthfully admit or deny the matter. A denial shall
fairly meet the substance of the requested admission, and when good
faith requires that a party qualify an answer or deny only a part of
the matter of which an admission is requested; the party shall
specify so much of it as is true and qualify or deny the remainder.
An answering party may not give lack of information or knowledge as a
reason for failure to admit or deny unless that party states that
that party has made reasonable inquiry and that the information known
or readily obtainable by that party is insufficient to enable that
party to admit or deny. A party who considers that a matter of which
an admission has been requested presents a genuine issue for trial
may not object to the request on that ground alone; the party may
deny the matter or set forth reasons why the party cannot admit or
deny it, subject to rule 1.380(c). The party who has requested the
admissions may move to determine the sufficiency of the answers or
objections. Unless the court determines that an objection is
justified, it shall order that an answer be served. If the court
determines that an answer does not comply with the requirements of
this rule, it may order either that the matter is admitted or that an
amended answer be served. Instead of these orders the court may
determine that final disposition of the request be made at a pretrial
conference or at a designated time before trial. The provisions of
rule 1.380(a)(4) apply to the award of expenses incurred in relation
to the motion.
(b) Effect of Admission. Any matter
admitted under this rule is conclusively established unless the court
on motion permits withdrawal or amendment of the admission. Subject
to rule 1.200 governing amendment of a pretrial order, the court may
permit withdrawal or amendment when the presentation of the merits of
the action will be subserved by it and the party who obtained the
admission fails to satisfy the court that withdrawal or amendment
will prejudice that party in maintaining an action or defense on the
merits. Any admission made by a party under this rule is for the
purpose of the pending action only and is not an admission for any
other purpose nor may it be use against that party in any other
proceeding.
