Demand For Discovery Florida Form

State:
Multi-State
Control #:
US-L0107C
Format:
Word; 
Rich Text
Instant download

Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

Florida Demand for Discovery in an Action for an Accounting is a legal request made by one party (the plaintiff) to the opposing party (the defendant) in a lawsuit seeking an accounting of financial transactions or records. This demand is a powerful tool used in litigation cases involving disputes over financial matters, such as partnerships, business dealings, or trust and estate administration. The purpose of the demand is to obtain relevant financial information and documentation to support the claims made in the lawsuit. Keywords: Florida, Demand for Discovery, Action for an Accounting, legal request, financial transactions, records, litigation, disputes, partnerships, business dealings, trust and estate administration, relevant information, documentation, lawsuit. Different types of Florida Demand for Discovery in an Action for an Accounting include: 1. General Demand for Discovery: This is the most common type of demand, which seeks a broad range of financial documents and records related to the accounting in question. It includes bank statements, financial statements, tax returns, contracts, invoices, receipts, transaction logs, ledgers, and other documents that can shed light on the financial matters in dispute. 2. Specific Demand for Discovery: In some instances, a party may want to request specific documents or information that they believe are crucial to their case. This type of demand is more focused and targeted, and it seeks only the specific documents or information mentioned in the demand. 3. Interrogatories: In addition to requesting documents and records, a demand for discovery may also include written interrogatories. These are a set of specific questions that the opposing party must answer under oath. Interrogatories can help clarify and gather additional information about the financial transactions, parties involved, or other relevant details. 4. Depositions: A demand for discovery may also indicate the party's intention to take depositions of individuals with knowledge of the accounting matters under dispute. Depositions involve sworn testimony given outside the court, typically in attorney's offices. They allow both parties to ask questions in person and gather valuable information for their case. In summary, a Florida Demand for Discovery in an Action for an Accounting is a legal request seeking relevant financial information and documentation in a lawsuit. It involves obtaining various financial records, including bank statements, contracts, and tax returns. Different types of demands can be made, including general or specific demands, as well as the use of interrogatories and depositions to gather information needed to support the claims in the litigation.

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FAQ

The essential elements of a cause of action for an accounting are (1) a relationship between the plaintiff and the defendant or other circumstances that demonstrate that the plaintiff's legal remedies are inadequate; and (2) a showing that the amount due the plaintiff is unknown and cannot be ascertained without an ...

An account of profits (sometimes referred to as an accounting for profits or simply an accounting) is a type of equitable remedy most commonly used in cases of breach of fiduciary duty.

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.

1. An action for an accounting. An action for an accounting has two elements: (1) ?that a relationship exists between the plaintiff and defendant that requires an accounting? and (2) ?that some balance is due the plaintiff that can only be ascertained by an accounting.? (Teselle, supra, 173 Cal. App.

The equitable remedy of account is available where a person in a fiduciary or other relationship to the claimant improperly receives profit or withholds money or property from the claimant.

Under Florida law, partners can bring a cause of action for equitable accounting when there is a breakdown in trust and cooperation, or when there are concerns about financial improprieties within the partnership.

To establish a cause of action for equitable accounting in Florida, partners must demonstrate the following elements: Existence of a partnership: Partners must prove the existence of a valid partnership agreement, whether written or oral, and that they had a genuine intent to form a partnership.

An account of profits operates to strip a fiduciary of unauthorised gains. While the authorities suggest that the duty to account follows almost inexorably from the breach, the precise nature of this obligation reflects the nuances of the particular relationship and the manner in which it was abused.

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Jul 7, 2012 — Limited Discovery During Phase One​​ This initial limitation on discovery in an accounting suit is not absolute. The scope of discovery typically ... Make the steps below to complete Demand for Discovery in an Action for an Accounting online quickly and easily: Log in to your account. Log in with your ...It is designed to help busy lawyers and judges quickly access legal authority for the covered topics. The ultimate objective is to help curtail perceived abuses ... Nov 16, 2021 — Δ Trial court decision: While discovery should generally be completed before a motion for summary judgment is granted, the rule does not apply ... response to any discovery demand that is considered by the court to have been taken ... the issues at stake in the action, and the importance of the discovery in. An accounting is the process that allows for the discovery of financial records, transaction records, or audits of another party. Bringing a Lawsuit for an ... Rule 3.220 - DISCOVERY (a) Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process ... Jan 4, 2010 — This policy provides guidance on gathering, tracking, reviewing and producing information to criminal defendants in accordance with ... If the order terminates the deposition, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of any party ... Finally, FDS objects to this Request as it requires an account by account review of all accounts serviced by FDS, and as such is unduly burdensome and cost.

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Demand For Discovery Florida Form