Florida Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection

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Multi-State
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US-02753BG
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Description

Federal Courts and many state courts have local rules regarding the filing of discovery pleadings similar to the following:


Filing. Unless otherwise ordered by the court, counsel must not file with the court the following:

" all disclosures made under Fed. R. Civ P. 26 (a)(1);

" depositions or notices of taking deposition required by Fed R. Civ. P. 30(b)(1);

" interrogatories;

" requests for production, inspection or admission;

" answers and responses to such requests; and,

" certificates of service for any of the discovery materials referenced above.


The party serving the discovery material or taking the deposition must retain the original and be the custodian of it.

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FAQ

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.

Responses to requests for production are due within 30 days after service, except that a defendant may serve a response within 45 days after service of the initial pleading and process on that defendant. Fla.

Rule 1.310 - DEPOSITIONS UPON ORAL EXAMINATION (a)When Depositions May Be Taken. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon oral examination.

Overview Interrogatories, which are written questions about things that are relevant or important to the case. ... Requests for production of documents or things, which are written requests that demand the other side provide particular documents or items.

Notice of Production from Nonparty, Florida Supreme Court Approved Family Law Form 12.931(a), is used to notify the other party in your case that in 10 days you are going to subpoena documents from a nonparty.

Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum. '?

The Florida Bar's Civil Procedure Rules Committee proposes amending Florida Rule of Civil Procedure 1.351 (Production of Documents and Things Without Deposition) to extend the period of time to object to a subpoena to 45 days when a notice of non-party production is served simultaneously with a complaint.

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 any designated documents, including electronically stored information, writings, drawings, graphs, charts, photographs, audio, visual, and audiovisual ...

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Florida Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection