Florida Rule 1.280 — Discovery and Initial Disclosures

Effective January 1, 2025, Florida Rule 1.280 requires mandatory initial disclosures for the first time in Florida state court practice.

What you must disclose — within 60 days of service of the complaint:

1. Persons with knowledge: the name and, if known, address and telephone number of each individual likely to have discoverable information you may use to support your claims or defenses — along with the subjects of that information
2. Documents: a copy, or description by category and location, of all documents, ESI, and tangible things in your possession, custody, or control that you may use to support your claims or defenses
3. Damages: a computation of each category of damages claimed, together with the documents or other evidentiary material on which each computation is based
4. Insurance: any insurance agreement under which an insurer may be liable to satisfy all or part of a possible judgment

What cannot excuse late or no disclosure: You are not excused because: (a) you have not fully investigated the case; (b) you challenge the sufficiency of another party's disclosures; or (c) another party has not disclosed yet.

The sequencing rule: A party may not seek discovery from any source before it has made its own initial disclosures, except when authorized by stipulation or by court order.

Enforcement — exclusion sanction (Rule 1.380): If you fail to disclose a person or document, you may not use that person or document as evidence at hearing or trial — unless the failure was substantially justified or harmless. Available sanctions also include attorney's fees and jury notification of the failure.

Supplementation duty: Parties must supplement or correct disclosures in a timely manner when they learn a prior response was materially incomplete or incorrect.

The new scope standard (effective January 1, 2025):

Before 2025: discovery could reach 'any matter, not privileged, that is relevant to the subject matter of the pending action.'

After January 1, 2025: discovery is limited to 'any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case.'

Florida adopted the proportionality factors from Federal Rule 26(b)(1). The court must consider:

• The importance of the issues at stake
• The amount in controversy
• The parties' relative access to relevant information
• The parties' resources
• The importance of the discovery to resolving the issues
• Whether the burden or expense outweighs the likely benefit

Rule 1.280(c)(5) — Expert witnesses: A party may discover facts known or opinions held by a non-testifying consulting expert retained in anticipation of litigation only upon a showing of exceptional circumstances — specifically, where it is impracticable to obtain facts or opinions on the same subject by other means. Testifying experts must be disclosed with their opinions and may be deposed.

Note: The 2025 amendments added a new subdivision (a) for Initial Discovery Disclosures. The former subdivision (b) for Scope of Discovery became (c). References to the expert witnesses provision in pre-2025 materials as '(b)(5)' reflect the old numbering.

Rule 1.280(d) — Protective orders: A party may move for a protective order to limit scope, restrict method, limit who may be present, protect trade secrets, or prohibit disclosure entirely. The court may limit discovery if: (1) unreasonably cumulative or duplicative; (2) party has had ample opportunity to obtain information through prior discovery; or (3) proposed discovery is outside the proportionality scope.

Rule 1.280(g) — Supplementing responses: Continuing obligation to supplement when party learns a prior response was materially incomplete or incorrect.

Rule 1.280(h) — Filing of discovery: Discovery materials generally are not filed with the court except when a motion references them, the court orders it, or they are needed for trial.

Practical timeline for Florida state court cases filed after January 1, 2025.