Fla. Fam. L. R. P. 12.280

RULE 12.280

GENERAL PROVISIONS GOVERNING DISCOVERY

(a) Discovery Methods. Parties may obtain discovery by 1

or more of the following methods: depositions on oral examination

or written questions; written interrogatories; production of

documents or things or permission to enter on land or other

property for inspection and other purposes; physical and mental

examinations; and requests for admission. Unless the court orders

otherwise and under subdivision (d), the frequency of use of these

methods is not limited, except as provided in rules 12.200, 12.340,

and 12.370.

-- 62 of 215 --

Family Law Rules of Procedure October 1, 2025 63

(b) Redaction of Personal Information. All filings of

discovery information with the clerk of court must comply with

Florida Rule of General Practice and Judicial Administration 2.425.

This does not apply to discovery information not filed with the clerk

of court. The court has the authority to impose sanctions for

violation of this rule.

(c) Scope of Discovery. Unless otherwise limited by order of

the court in accordance with these rules, the scope of discovery is

as follows.

(1) In General. Parties may obtain discovery regarding

any matter, not privileged, that is relevant to the subject matter of

the pending action, whether it relates to the claim or defense of the

party seeking discovery or the claim or defense of any other party,

including the existence, description, nature, custody, condition, and

location of any books, documents, or other tangible things and the

identity and location of persons having knowledge of any

discoverable matter. It is not grounds for objection that the

information sought will be inadmissible at the trial if the

information sought appears reasonably calculated to lead to the

discovery of admissible evidence.

(2) Indemnity Agreements. A party may obtain discovery

of the existence and contents of any agreement under which any

person may be liable to satisfy part or all of a judgment that may be

entered in the action or to indemnify or to reimburse a party for

payments made to satisfy the judgment.

(3) Electronically Stored Information. A party may obtain

discovery of electronically stored information in accordance with

these rules.

(4) Trial Preparation: Materials. Subject to the

provisions of subdivision (c)(5), a party may obtain discovery of

documents and tangible things otherwise discoverable under

subdivision (c)(1) and prepared in anticipation of litigation or for

trial by or for another party or by or for that party’s representative,

including that party’s attorney, consultant, or agent, only on a

showing that the party seeking discovery has need of the materials

-- 63 of 215 --

Family Law Rules of Procedure October 1, 2025 64

in the preparation of the case and is unable without undue

hardship to obtain the substantial equivalent of the materials by

other means. In ordering discovery of the materials when the

required showing has been made, the court must protect against

disclosure of the mental impressions, conclusions, opinions, or

legal theories of an attorney or other representative of a party

concerning the litigation. Without the required showing a party may

obtain a copy of a statement concerning the action or its subject

matter previously made by that party. On request without the

required showing a person not a party may obtain a copy of a

statement concerning the action or its subject matter previously

made by that person. If the request is refused, the person may move

for an order to obtain a copy. The provisions of rule 12.380(a)(4)

apply to the award of expenses incurred as a result of making the

motion. For purposes of this subdivision, a statement previously

made is a written statement signed or otherwise adopted or

approved by the person making it, or a stenographic, mechanical,

electrical, or other recording or transcription of it that is a

substantially verbatim recital of an oral statement by the person

making it and contemporaneously recorded.

(5) Trial Preparation: Experts. Discovery of facts known

and opinions held by experts, otherwise discoverable under the

provisions of subdivision (c)(1) and acquired or developed in

anticipation of litigation or for trial, may be obtained as follows:

(A) (i) By interrogatories a party may require

any other party to identify each person whom the other party

expects to call as an expert witness at trial and to state the subject

matter on which the expert is expected to testify, and to state the

substance of the facts and opinions to which the expert is expected

to testify and a summary of the grounds for each opinion.

(ii) Any person disclosed by interrogatories

or otherwise as a person expected to be called as an expert witness

at trial may be deposed in accordance with rule 12.390 without

motion or order of court.

(iii) A party may obtain the following

discovery regarding any person disclosed by interrogatories or

-- 64 of 215 --

Family Law Rules of Procedure October 1, 2025 65

otherwise as a person expected to be called as an expert witness at

trial:

a. The scope of employment in the

pending case and the compensation for such service.

b. The expert’s general litigation

experience, including the percentage of work performed for

petitioners and respondents.

c. The identity of other cases, within a

reasonable time period, in which the expert has testified by

deposition or at trial.

d. An approximation of the portion of

the expert’s involvement as an expert witness, which may be based

on the number of hours, percentage of hours, or percentage of

earned income derived from serving as an expert witness; however,

the expert must not be required to disclose his or her earnings as

an expert witness or income derived from other services.

An expert may be required to produce financial and

business records only under the most unusual or compelling

circumstances and may not be compelled to compile or produce

nonexistent documents. On motion, the court may order further

discovery by other means, subject to such restrictions as to scope

and other provisions under subdivision (c)(5)(C) concerning fees and

expenses as the court may deem appropriate.

(B) A party may discover facts known or opinions

held by an expert who has been retained or specially employed by

another party in anticipation of litigation or preparation for trial and

who is not expected to be called as a witness at trial, only as

provided in rule 12.360(b) or on a showing of exceptional

circumstances under which it is impracticable for the party seeking

discovery to obtain facts or opinions on the same subject by other

means.

(C) Unless manifest injustice would result, the

court must require that the party seeking discovery pay the expert a

-- 65 of 215 --

Family Law Rules of Procedure October 1, 2025 66

reasonable fee for time spent in responding to discovery under

subdivisions (c)(5)(A) and (c)(5)(B); and concerning discovery from

an expert obtained under subdivision (c)(5)(A) the court may

require, and concerning discovery obtained under subdivision

(c)(5)(B) must require, the party seeking discovery to pay the other

party a fair part of the fees and expenses reasonably incurred by

the latter party in obtaining facts and opinions from the expert.

(D) As used in these rules an expert shall be an

expert witness as defined in rule 12.390.

(6) Claims of Privilege or Protection of Trial Preparation

Materials. When a party withholds information otherwise

discoverable under these rules by claiming that it is privileged or

subject to protection as trial preparation material, the party must

make the claim expressly and must describe the nature of the

documents, communications, or things not produced or disclosed in

a manner that, without revealing information itself privileged or

protected, will enable other parties to assess the applicability of the

privilege or protection.

(d) Protective Orders. On motion by a party or by the

person from whom discovery is sought, and for good cause shown,

the court in which the action is pending may make any order to

protect a party or person from annoyance, embarrassment,

oppression, or undue burden or expense that justice requires,

including one or more of the following:

(1) that the discovery not be had;

(2) that the discovery may be had only on specified

terms and conditions, including a designation of the time or place;

(3) that the discovery may be had only by a method of

discovery other than that selected by the party seeking discovery;

(4) that certain matters not be inquired into, or that the

scope of the discovery be limited to certain matters;

-- 66 of 215 --

Family Law Rules of Procedure October 1, 2025 67

(5) that the discovery be conducted with no one present

except persons designated by the court;

(6) that a deposition after being sealed be opened only

by order of the court;

(7) that a trade secret or other confidential research,

development, or commercial information not be disclosed or be

disclosed only in a designated way; and

(8) that the parties simultaneously file specified

documents or information enclosed in sealed envelopes to be

opened as directed by the court.

If the motion for a protective order is denied in whole or in

part, the court may, on such terms and conditions as are just,

order that any party or person provide or permit discovery. The

provisions of rule 12.380(a)(4) apply to the award of expenses

incurred in relation to the motion.

(e) Limitations on Discovery of Electronically Stored

Information.

(1) A person may object to discovery of electronically

stored information from sources that the person identifies as not

reasonably accessible because of burden or cost. On motion to

compel discovery or for a protective order, the person from whom

the discovery is sought must show that the information sought or

the format requested is not reasonably accessible because of undue

burden or cost. If that showing is made, the court may nonetheless

order the discovery from such sources or in such formats if the

requesting party shows good cause. The court may specify

conditions of the discovery, including ordering that some or all of

the expenses incurred by the person from whom discovery is sought

be paid by the party seeking discovery.

(2) In determining any motion involving discovery of

electronically stored information, the court must limit the frequency

or extent of discovery otherwise allowed by these rules if it

determines that

-- 67 of 215 --

Family Law Rules of Procedure October 1, 2025 68

(A) the discovery sought is unreasonably

cumulative or duplicative, or can be obtained from another source

or in another manner that is more convenient, less burdensome, or

less expensive; or

(B) the burden or expense of the discovery

outweighs its likely benefit, considering the needs of the case, the

amount in controversy, the parties’ resources, the importance of the

issues at stake in the action, and the importance of the discovery in

resolving the issues.

(f) Sequence and Timing of Discovery. Except as provided

in subdivision (c)(5) or unless the court upon motion for the

convenience of parties and witnesses and in the interest of justice

orders otherwise, methods of discovery may be used in any

sequence, and the fact that a party is conducting discovery,

whether by deposition or otherwise, does not delay any other party’s

discovery.

(g) Supplementing of Responses. A party is under a duty to

amend a prior response or disclosure if the party:

(1) obtains information or otherwise determines that

the prior response or disclosure was incorrect when made; or

(2) obtains information or otherwise determines that

the prior response or disclosure, although correct when made, is no

longer materially true or complete.

(h) Time for Serving Supplemental Responses. Any

supplemental response served under this rule must be served as

soon as possible after discovery of the incorrect information or

change, but in no case may the supplemental response be served

later than 24 hours before any applicable hearing absent a showing

of good cause.

(i) Confidentiality of Records. A determination as to the

confidentiality of a court record must be made in accordance with

Florida Rule of General Practice and Judicial Administration 2.420.

Records found to be confidential under Florida Rule of General

-- 68 of 215 --

Family Law Rules of Procedure October 1, 2025 69

Practice and Judicial Administration 2.420 must be sealed on

request of a party.

(j) Court Filing of Documents and Discovery. Information

obtained during discovery must not be filed with the court until

such time as it is filed for good cause. The requirement of good

cause is satisfied only where the filing of the information is allowed

or required by another applicable rule of procedure or by court

order.

(k) Form of Responses to Written Discovery Requests.

When responding to requests for production served under rule

12.310(b)(5), written deposition questions served under rule 12.320,

interrogatories served under rule 12.340, requests for production or

inspection served under rule 12.350, requests for production of

documents or things without deposition served under rule 12.351,

requests for admissions served under rule 12.370, or requests for

the production of documentary evidence served under rule

12.410(c), the responding party must state each deposition

question, interrogatory, or discovery request in full as numbered,

followed by the answer, objection, or other response. Requests must

be arranged so that a blank space is provided after each separately

numbered request. The space must be reasonably sufficient to

enable the responding party to insert the responses within the

space. If sufficient space is not provided, the responding party may

attach additional pages with responses and refer to them in the

space provided in the requests.

1995 Adoption. Florida Rule of Civil Procedure 1.280 is to

govern the general discovery provisions in family law matters with

the exceptions set forth above. Subdivision (a) of this rule alters rule

1.280(e) by placing a duty on parties in family law matters to

supplement responses. Under rule 1.280(e), no supplemental

response is required. Subdivisions (b), (c), and (d) of this rule are in

addition to the general requirements of rule 1.280 and have no

counterparts in the Rules of Civil Procedure. Subdivisions (c) and

(d) have been implemented in recognition of the fact that family law

cases often involve sensitive information that should be deemed

-- 69 of 215 --

Family Law Rules of Procedure October 1, 2025 70

confidential under Florida Rule of Judicial Administration 2.051.

For instance, financial records filed may contain information

regarding a family business, which, if public, could provide

competitors with an advantage and adversely affect the family

business.