In Hamilton v. Citizens Prop’y Ins. Corp., No. 3D23-1934 (Fla. 3d DCA May 1, 2024), Citizens procured a protective order allowing its corporate representative to use the claims file to refresh his recollection during his deposition without waiving any privilege or permitting the opposing party access to the materials for cross-examination.  On certiorari review, the Third District held that the protective order constituted a departure from the essential requirements of the law because it violated section 90.613, Fla. Stat. (2023), which requires parties to produce for inspection and cross-examination any “writing or other item” used to refresh a witness’ memory while testifying.  The Court also held that the error created irreparable harm as there was no practical way to review the effect of the withheld materials on appeal.  In effect, a pre-deposition protective order of this type will not preserve a privilege.  Instead, a defendant should attempt to utilize a stipulation to preserve the privilege before allowing a corporate representative to rely on claim file documents during a deposition, or any privilege to will be waived. View full opinion here.