- requests for production
- requests for admissions
Table of Contents
InterrogatoriesInterrogatories are a formal set of written questions propounded by one party upon another party. Interrogatories requests that the responding party answer the questions under oath. Florida Rule of Civil Procedure 1.340 – Interrogatories to Parties – provides that a party may serve on any other party written interrogatories. Interrogatories may be served on the plaintiff anytime after the action commences and upon any other party with or after the service of process. The amount of interrogatories are not to exceed thirty, including all subparts, unless the court permits a larger number upon a motion and if the movant establishes good cause. Each interrogatory must be answered fully in writing and separately. The answers must be verified (made under oath) unless the interrogatory request is objected to. If the responding party objects to the interrogatory, the objection must be stated and signed by the attorney making the objection. Unless the court allows a shorter or longer period of time, answers to interrogatories are due thirty days after service, unless the defendant was served with interrogatories at the time of service of process (in which case the defendant has forty-five days to respond). A party’s answers to interrogatories can be used to the extent permitted under the rules of evidence, unless otherwise provided in the rules of civil procedure. A party must respond to the interrogatory by giving the information the party has any the source upon which the information is based. An answer to an interrogatory is not objectionable simply because the answer involves an opinion which relates to a fact or calls for a conclusion or asks for information not within the personal knowledge of the responding party. Further, the Rules provides that when an answer to an interrogatory may be derived or ascertained from records, the responding party has the option of specifying the records from which the answer may be derived or ascertained and offering to give the requesting party a reasonable opportunity to examine, audit or inspect the records.
Requests for ProductionA request for production makes a formal request for a party to produce documents, electronically stored information, or other information. Florida Rule of Civil Procedure 1.350 provides that any party may request another party:
- “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 recordings, and other data compilations from which information can be obtained, translated, if necessary, by the party to whom the request is directed through detection devices into reasonably usable form, that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed;
- to inspect and copy, test, or sample any tangible things that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed; or
- to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on it within the scope of rule 1.280(b).”