How the Discovery Process Works in Florida Civil Lawsuits: Obligations, Rights, and What Both Sides Must Do

If you are involved in a Florida civil lawsuit—whether in Miami-Dade, Broward (Fort Lauderdale), Palm Beach (West Palm Beach), Hillsborough (Tampa), Orange (Orlando), Duval (Jacksonville), Pinellas, Lee, Collier, or Leon County—discovery will be one of the most important and consequential stages of your case.

Discovery is where Florida lawsuits are built, tested, and often resolved. It is also where many litigants misunderstand their duties and overlook a critical reality:

Discovery rights and obligations apply equally to both sides in Florida.

Below is a Florida-specific, plain-English guide explaining how the discovery process works, what each side is required to do, and why plaintiffs and defendants have equal rights—and equal exposure—during discovery.

This article is for general informational purposes only and is not legal advice.

How the Discovery Process Works in Florida Civil Lawsuits: Obligations, Rights, and What Both Sides Must Do

If you are involved in a Florida civil lawsuit—whether in Miami-Dade, Broward (Fort Lauderdale), Palm Beach (West Palm Beach), Hillsborough (Tampa), Orange (Orlando), Duval (Jacksonville), Pinellas, Lee, Collier, or Leon County—discovery will be one of the most important and consequential stages of your case.

Discovery is where Florida lawsuits are built, tested, and often resolved. It is also where many litigants misunderstand their duties and overlook a critical reality:

Discovery rights and obligations apply equally to both sides in Florida.

Below is a Florida-specific, plain-English guide explaining how the discovery process works, what each side is required to do, and why plaintiffs and defendants have equal rights—and equal exposure—during discovery.

This article is for general informational purposes only and is not legal advice.

Discovery Is a Two-Way Street in Florida

One of the most important principles in Florida litigation is this:

No party “controls” discovery.

·       Plaintiffs do not gain discovery advantages simply by filing suit.

·       Defendants have the same right to demand information.

·       The Florida Rules apply equally to both sides.

If you initiate a lawsuit in Florida, you must be prepared to:

·       produce documents,

·       answer written questions under oath,

·       sit for depositions,

·       and disclose relevant information.

Florida courts repeatedly emphasize that discovery is about fair access to facts—not gamesmanship.

Common Discovery Tools in Florida Civil Cases

1. Interrogatories (Written Questions)

Interrogatories are written questions that must be answered in writing and under oath.

In Florida:

·       Each party is typically limited to 30 interrogatories, including subparts (unless the court allows more)

·       Answers must be complete, truthful, and non-evasive

·       Boilerplate objections are disfavored

Both plaintiffs and defendants may serve interrogatories.

2. Requests for Production of Documents

Requests for Production require parties to produce documents and electronically stored information (ESI), such as:

·       emails and text messages,

·       contracts and financial records,

·       medical records,

·       photographs and videos,

·       social media content (when relevant).

Parties must:

·       conduct a reasonable search,

·       produce responsive, non-privileged materials,

·       identify withheld documents based on privilege.

Failure to produce documents is one of the most common sources of discovery disputes in Miami, Tampa, Orlando, and Jacksonville courts.

3. Depositions

Depositions are sworn testimony taken outside of court before a court reporter and, frequently, on video.

In Florida, depositions may be taken of:

·       parties to the lawsuit,

·       corporate representatives,

·       employees and former employees,

·       expert witnesses,

·       non-party witnesses (by subpoena).

Depositions are governed primarily by Rule 1.310 and are often the most powerful discovery tool in a case.

4. Requests for Admission

Requests for Admission ask the opposing party to admit or deny specific facts or the authenticity of documents.

Key points in Florida:

·       Failure to respond can result in admissions by default

·       Often used to narrow issues before trial

·       Commonly used in support of summary judgment motions

5. Subpoenas to Third Parties

Discovery in Florida is not limited to the parties themselves.

Subpoenas may be issued to:

·       employers,

·       banks,

·       medical providers,

·       contractors,

·       insurance carriers,

·       phone and internet providers.

Third-party discovery is often critical in personal injury, business litigation, and construction disputes.

The Scope of Discovery in Florida

Florida allows broad discovery, but not unlimited discovery.

Under Rule 1.280, parties may obtain discovery regarding:

·       any matter relevant to the claims or defenses,

·       information reasonably calculated to lead to admissible evidence.

Limits on discovery

Florida courts may limit discovery that is:

·       irrelevant,

·       overly burdensome or disproportionate,

·       duplicative,

·       privileged (attorney-client or work product),

·       harassing or conducted in bad faith.

Protective orders are commonly used to balance fairness and proportionality.

Discovery Obligations in Florida: What Each Side Must Do

Duty to Respond Fully and Honestly

Each party must:

·       respond within required deadlines,

·       answer completely and truthfully,

·       avoid evasive or misleading responses.

Incomplete or dishonest discovery can result in:

·       motions to compel,

·       monetary sanctions,

·       exclusion of evidence,

·       or adverse rulings at trial.

Duty to Preserve Evidence (Spoliation)

Once litigation is reasonably anticipated or filed, Florida law imposes a duty to preserve relevant evidence, including:

·       documents,

·       emails and texts,

·       electronic data,

·       photographs and videos.

Destroying or altering evidence—spoliation—can severely damage a case and may result in jury instructions, sanctions, or dismissal.

Duty to Supplement Discovery

Discovery is an ongoing obligation.

If new information becomes available or prior responses become inaccurate, parties must:

·       supplement or amend their responses,

·       disclose newly discovered documents or witnesses.

Equal Rights Mean Equal Exposure in Florida

A core reality of Florida civil litigation is this:

·       If you request discovery, you must provide discovery.

·       If you demand testimony, you must testify.

·       If you seek documents, your documents are subject to review.

This applies equally to:

·       individuals and corporations,

·       plaintiffs and defendants,

·       small cases and complex, high-stakes litigation.

Many litigants underestimate how much scrutiny their own records and communications will face once discovery begins.

Discovery Disputes and Court Enforcement

Discovery disputes are common and may involve:

·       objections to relevance or scope,

·       privilege claims,

·       incomplete responses,

·       refusal to produce documents.

When disputes cannot be resolved informally, parties may file:

·       motions to compel,

·       motions for protective orders,

·       motions for sanctions.

Judges in Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, Duval, and Pinellas Counties increasingly expect cooperation and will penalize discovery abuse.

Why Experienced Counsel Matters During Discovery

Discovery is where Florida cases are often won or lost, long before a jury is selected.

An experienced Florida litigation attorney will:

·       draft targeted discovery requests,

·       identify damaging evidence early,

·       protect privileged communications,

·       ensure compliance with procedural rules,

·       respond strategically—not reactively,

·       position the case for settlement, summary judgment, or trial.

Poorly handled discovery can:

·       destroy credibility,

·       eliminate settlement leverage,

·       result in court sanctions,

·       or force unfavorable trial outcomes.

Discovery and Case Value in Florida

In real-world Florida litigation:

·       strong discovery increases settlement value,

·       weak or inconsistent responses reduce leverage,

·       admissions can end cases early,

·       clean discovery supports trial success.

This is especially true in car and trucking accidents, premises liability, business and commercial litigation, construction disputes, employment cases, and professional negligence claims.

Key Takeaways: Florida Civil Discovery

·       Discovery is the evidence-gathering phase of a lawsuit

·       Both sides have equal rights and equal obligations

·       The scope is broad but rule-bound

·       Compliance is mandatory, not optional

·       Discovery strategy often determines outcomes

·       Experienced legal counsel makes a critical difference

Need Help Navigating Discovery in a Florida Lawsuit?

If your case involves discovery in Miami, Fort Lauderdale, West Palm Beach, Tampa, Orlando, Jacksonville, or anywhere else in Florida, working with an experienced civil litigation attorney can mean the difference between:

·       leverage and liability,

·       control and chaos,

·       early resolution and costly trial risk.