I'm being sued for defamation, tortious interference, and invasion of privacy, by my ex-bf, for blowing the whistle on him, on my personal blogs. As stated previously, I filed my answer to the court. His attorney has already served me with interrogatories, and attacked my character and credibility, in an intimidating letter. I don't think they ever planned to follow through, but to frighten me into pulling the blogs, as I'm pro se, and insolvent. They did not as per a Florida statute, file ANY pre litigation, which should alone, get the case thrown out. However, I'd like to have it dismissed with prejudice. I don't want to compromise the safety of my sources by answering the interrogatories. Should I go ahead and file a motion to dismiss? Will that halt all discovery? Thank you.
Is this a claim in small claims court? If so, then they can't file discovery against you if you are pro se.
Otherwise, you can file a motion to dismiss, but that won't halt any discovery. They can do a Motion to Compel Discovery and you can make an argument that you are waiting for the Motion to Dismiss to be ruled upon.
Even if you have to submit to discovery you can indicate that the sources are protected under Florida's Shield Law. A shield law or reporters' privilege is legislation designed to provide a news reporter with the right to refuse to testify as to information and/or sources of information obtained during the news gathering and dissemination process. However, the protection extends only to "professional journalists" and appears to be limited to traditional media formats.
Florida's shield law, located at Fla. Stat. § 90.5015
Zonald Spinks, Esq. Phone: (813) 413-5352 Fax: (813) 658-5893 Twitter: @ZonaldLaw Skype: Zonaldlaw Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.
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