In Florida, the discovery phase typically begins after the defendant files an answer to the plaintiff's complaint. It can last several months to a year or more.
If you are a defendant in a case, you have to raise enough doubt about the strength of the plaintiff's case to make the judge (or jury) decide your side is stronger. Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant.
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. 1.
Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months. Evidence should be available to the defense either at the preliminary hearing or after the accused has been indicted by a grand jury.
Discovery allows you to get information and evidence from the other party or other persons you can use in your lawsuit.
The discovery process starts soon after criminal charges are instituted. Once your plea is filed following your arraignment, you can file a Notice of Discovery along with a Demand for Jury Trial. Your discovery notice triggers the prosecutor's duty to give you all evidence they've collected against you.
Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' ...
Discovery materials are filed only in limited circumstances, including if ordered by the Court, if necessary to the presentation or defense of a motion, or if required by law or rule.
How to File for Custody in Florida Parenting Plan (Form 12.995(a)) – For general cases. Supervised/Safety-Focused Parenting Plan (Form 12.995(b)) – For cases involving supervised custody. Relocation/Long Distance Parenting Plan (Form 12.995(c)) – For cases involving the relocation of one or more parents.
How Does Discovery Work? There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents. Depositions are formal witness interviews.