What is the general rule of discovery in civil litigation

Asked 8 months ago - 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)

  1. Daniel Knight Dinneen

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . 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... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. Jaiseery Arjoonsingh Jr.

    Contributor Level 4

    Answered . 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.

  4. Joseph W Watkins

    Contributor Level 9

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,266 answers this week

2,759 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,266 answers this week

2,759 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary