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What is the general rule of discovery in civil litigation

Orlando, FL |

is it based on opinion or actual case law? ie. An insurance producer's E&O activity results in the insured operating a construction business w/o a required WC policy covering their employees. When actual confirmation of this fact is not provided by their state agency,for whatever reason,till much later.

Attorney Answers 4


If you Google 'Florida Rules of Civil Procedure'- and locate the Discovery Rules for your state--you'll have the guidance you need--actually executing discovery is a bit more complicated. Your question construct indicates that you're not familiar with 'reading the law' and IMV is good reason for you to at least consult with a Florida attorney (I am NOT a FL attorney) before you attempt to handle your own case. Hope this helps I wish you all the best.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Discovery is largely controlled by rules propounded by the state Supreme Court and state legislature. The interpretation of those rules is then molded by years of case law. If you have specific questions about a particular aspect of discovery you should consult with a local attorney ASAP.

LEGAL DISCLAIMER: Nothing in this post, or any responses or comments thereto, should be construed as legal advice and no attorney-client relationship has been created by and between the person asking the question and The Dinneen Law Firm, PLLC, or Daniel K. Dinneen, Esq. If you believe you need an attorney, you should take steps to contact one in person; ideally, one who resides in your state.

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Discovery is the process in litigation where you find out the facts of the case. This sounds like a complicated case and one where you definitely need an attorney in the jurisdiction where the case is located.

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In Florida, discovery is governed by the Florida Rules of Civil Procedure. If your issue would bring the matter into federal court, then the Federal Rules of Civil Procedure will generally govern discovery.

Case law is helpful if there are certain legal questions or disputes regarding discovery. Depending on what you are using for research, you may be able to find official comments to the rules. Those comments aim to add clarification to the rules. Those official comments are very helpful and could provide links to case law.

With that said, if you have any questions regarding discovery, get the help of an attorney immediately. Analyzing the rules of civil procedure should be left to an attorney.

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