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Supreme Court Amends Discovery Rules to Allow Service of Discovery Requests Regardless of Legal Sufficiency of Initial Disclosure

In re: Amendments to Fla. Rule of Civ. P. 1.280(f), No. SC2025-0697 (Fla. June 19, 2025), the Florida Supreme Court has adopted another amendment to Fla. R. Civ. P. 1.280(f) regarding the timing and sequence of discovery. It has modified the following sentence: “A party may not seek discovery from any source before that party’s initial disclosure obligations are satisfied, except when authorized by stipulation or by court order.” The sentence now reads: “A party may not seek discovery from any source before that party’s initial disclosures are served on the other party, except when authorized by stipulation or by court order.” (Emphasis added). The change appears to preclude parties from refusing to respond to discovery requests on the basis that the opposing party’s initial disclosures are legally insufficient.

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