Service Of Interrogatories Florida In Kings
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Unlike other legal documents, interrogatories do not need to be filed with the court. The discovery process typically lasts until the court trial.
When a party to a civil case needs to get information from the other side, she can serve the other side with written requests called “discovery requests.” These requests might include: Interrogatories, which are written questions about things that are relevant or important to the case. (NRCP 33; JCRCP 33)
Unless leave of court is obtained, interrogatories may not be served prior to the meeting of the parties under Rule 26(f).
The interrogatories must be served on the party to whom the interrogatories are directed and copies must be served on all other parties. A certificate of service of the interrogatories must be filed, giving the date of service and the name of the party to whom they were directed.
Each party is allowed to serve 25 interrogatories upon any other party, but must secure leave of court (or a stipulation from the opposing party) to serve a larger number.
Fact-Finding: Interrogatories help attorneys obtain critical information from the opposing party. For example, in a car accident case, the plaintiff's attorney might ask the defendant to describe their version of the incident, list any witnesses, or detail the injuries they claim to have suffered.
Parties must serve responses to interrogatories on the requesting party. Responses must not be filed with the court unless they are admitted into evidence by the court and are in compliance with Florida Rule of General Practice and Judicial Administration 2.425.
Discovery Served with the Statement of Claim / Complaint If a written discovery request is served upon a Defendant contemporaneously with Plaintiff's complaint, Defendant must serve its responses to the discovery within 45 days of the date of service of Plaintiff's Complaint.
In Florida, you may not send more than 30 interrogatories, including all subparts. Sometimes the court will allow a larger number for special circumstances. If you reach the 30-set limit, you have the option to request permission from the court to send more. It is always allowed to send less than the limit of 30.
