The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.

Skip to Content

The New Florida Electronic Discovery Rules Compared to Their Federal Counterparts

What Happened?
Seven of the Florida Rules of Civil Procedure have been amended to address Electronically Stored Information (“ESI”). The amendments are generally patterned on the 2006 amendments to the Federal Rules of Civil Procedure, but they are not identical in all respects to the federal rules.

What Rules Were Amended?

The amendments affect the following rules:

  • 1.200 (case management conference).
  • 1.201 (initial case management report and conference in “complex litigation”).
  • 1.280 (limitations on discovery).
  • 1.340 (option to produce business records to answer interrogatories).
  • 1.350 (production of documents). 
  • 1.380 (discovery sanctions).
  • 1.410 (subpoena for documents).

When Do They Take Effect?

The rules do not contain a “grandfather” provision exempting litigation already pending. The Court’s opinion adopting the amendments simply states, “[t]hese amendments shall become effective September 1, 2012, at 12:02 a.m.”

Differences Between New Florida Rules and Federal Rules

The attached chart generally summarizes the differences between the new Florida rules and the existing federal rules governing ESI. The tables do not summarize how the new Florida rules differ from the prior Florida rules. The latter appears in track changes in the July 5, 2012, Florida Supreme Court’s decision adopting the amendments. A copy of the Court’s decision is available at http://www.floridasupremecourt.org/decisions/2012/sc11-1542.pdf.

View the new Florida Electronic Discovery Rules and the notable textual differences compared to their federal counterparts.

Authored By
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.