Fla. Fam. L. R. P. 12.350

RULE 12.350

PRODUCTION OF DOCUMENTS AND THINGS

AND ENTRY ON LAND FOR INSPECTION AND

OTHER PURPOSES

(a) Request; Scope. 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, or digital 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 12.280(c) and

that are in the possession, custody, or control of the party to whom

the request is directed;

(2) to inspect and copy, test, or sample any tangible

things that constitute or contain matters within the scope of rule

12.280(c) and that are in the possession, custody, or control of the

party to whom the request is directed; or

(3) to permit entry on designated land or other property

in the possession or control of the party on 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 12.280(c).

(b) Procedure. Without leave of court the request may be

served on the petitioner after commencement of the action and on

any other party with or after service of the process and initial

pleading on that party. The request must set forth the items to be

inspected, either by individual item or category, and describe each

item and category with reasonable particularity. The request must

specify a reasonable time, place, and manner of making the

inspection or performing the related acts. The party to whom the

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request is directed must serve a written response within 30 days

after service of the request, except that a respondent or third-party

defendant may serve a response within 45 days after service of the

process and initial pleading on that respondent or third-party

defendant. The court may allow a shorter or longer time. For each

item or category, the response must state that inspection and

related activities will be permitted as requested unless the request

is objected to, in which event the reasons for the objection must be

stated. If an objection is made to part of an item or category, the

part must be specified. When producing documents, the response

must include an accompanying notice filed in compliance with Rule

of General Practice and Judicial Administration 2.425 with the

court that states with specificity each document produced. When

producing documents, the producing party must either produce

them as they are kept in the usual course of business or must

identify them to correspond with the categories in the request. A

request for electronically stored information may specify the form or

forms in which electronically stored information is to be produced.

If the responding party objects to a requested form, or if no form is

specified in the request, the responding party must state the form

or forms it intends to use. If a request for electronically stored

information does not specify the form of production, the producing

party must produce the information in a form or forms in which it is

ordinarily maintained or in a reasonably usable form or forms. The

party submitting the request may move for an order under rule

12.380 concerning any objection, failure to respond to the request,

or any part of it, or failure to permit the inspection as requested.

(c) Persons Not Parties. This rule does not preclude an

independent action against a person not a party for production of

documents and things and permission to enter on land.

(d) Filing of Documents. Unless required by the court, a

party shall not file any of the documents or things produced with

the response, although a party must include an accompanying

notice filed in compliance with Rule of General Practice and Judicial

Administration 2.425 with the court that states with specificity each

document produced. Documents or things may be filed in

compliance with Florida Rule of General Practice and Judicial

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Administration 2.425 and rule 12.280(j) when they should be

considered by the court in determining a matter pending before the

court.