Mandatory Disclosure or Discovery

General Provisions Governing Discovery
As amended through June 10, 2021

Parties in family law cases can obtain information using one or more of the following discovery methods:

• Depositions (oral or written)

• Interrogatories (written questions)

• Requests for Production (documents or physical evidence)

• Requests for Admission (statements to confirm or deny specific facts)

• Examinations (physical or mental evaluations, when relevant)

These discovery tools are used to gather information to support a case. While there is no general limit on their frequency, certain restrictions apply under Florida Family Law Rules 12.200, 12.340, and 12.370.

your mandatory disclosure is due 45 days after the inception of the case. Failure to request for an individual to abide by these rules will justify forfeiture of your rights to obtain it.

Important Compliance Note:
All discovery documents must comply with Florida Rule of Judicial Administration 2.425, which governs the redaction of personal information. Violations may result in court-imposed sanctions.

Interrogatories, Document Production, and Inspections
These tools allow parties in a legal case to request information and evidence, such as:

• Interrogatories: Written questions requiring answers under oath.

• Production of Documents or Things: Requests for specific records, documents, or tangible items.

• Entry for Inspection: Permission to access land or property for examination purposes.

• Physical and Mental Examinations: May be ordered by the court if relevant to the case.

• Requests for Admission: Requests for the other party to admit or deny specific facts.

Unless limited by the court or by specific rules (12.200, 12.340, and 12.370), there is no restriction on the frequency of these discovery methods. All filings containing discovery information must comply with Florida Rule of Judicial Administration 2.425, which governs the redaction of personal information. Sanctions may be imposed for non-compliance.

In a family case, failure to comply with mandatory disclosure requirements can have significant legal consequences. Let's imagine a story where an individual, Alex, is involved in a family court case regarding child custody and support. Like all parties in family court, Alex is required to submit financial documents under Rule 12.285 in Florida, which mandates full transparency to ensure fair decision-making on matters of support and custody.

However, Alex chooses not to disclose all financial information, thinking it will simplify the process and avoid certain obligations. The court, noticing the lack of compliance, issues multiple reminders, but Alex remains unresponsive. As a result, the judge penalizes Alex by restricting him from presenting any financial arguments or documents later in the case. This lack of evidence weakens his position significantly.

Without necessary financial documentation, Alex's chances of receiving a favorable outcome are severely impacted. The judge may assume Alex’s non-compliance is an attempt to hide assets, potentially resulting in a decision that favors the other parent. Additionally, Alex might face contempt charges for failing to adhere to court orders, leading to fines, sanctions, or even jail time until he complies.

Through this example, it becomes clear that mandatory disclosure isn’t just a procedural step—it’s essential for protecting one's own interests and ensuring a fair outcome. Full compliance can save time, legal costs, and potential setbacks.