FLORIDA SUPREME COURT FURTHER AMENDS PROCEDURAL RULE 1.280 TO PREVENT BAD FAITH DELAYS IN DISCOVERY

In an opinion issued on June 19, 2025, the Florida Supreme Court further amended rule 1.280 of the Florida Rules of Civil Procedure to stop a growing trend wherein parties were refusing to respond to discovery requests claiming their opponent had not “satisfied” initial disclosure obligations under rule 1.280(f). In re Amendments to Fla. Rule of Civil Proc. 1.280(f), 50 Fla. L. Weekly S136 (Fla. June 19, 2025).

To provide some context, in December 2024 the Florida Supreme Court added the following language to procedural rule 1.280: "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."  Once the rule took effect, some litigants refused to respond to discovery requests claiming initial disclosures made by their opponent were "incomplete or inadequate” and therefore failed to satisfy the initial disclosure obligation.[i]

Noting that inadequacies with initial disclosures were already addressed in subsection (d) of rule 1.280, the Court amended subsection (f) to read as follows: “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.” Fla. R. Civ. P. 1.280(f). The Court’s prompt reaction and modification to rule 1.280(f) should prevent bad faith delays and get discovery back on track.

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On June 19, 2025, the Florida Supreme Court further amended rule 1.280 of the Florida Rules of Civil Procedure to stop a growing trend wherein parties were refusing to respond to discovery requests claiming an opponent’s initial disclosures were “incomplete or inadequate” and did not “satisfy” initial disclosure obligations under rule 1.280(f). In re Amendments to Fla. Rule of Civil Proc. 1.280(f), 50 Fla. L. Weekly S136 (Fla. June 19, 2025). This recent amendment eliminated the requirement that a party “satisfy” initial disclosures requiring only that a party “serve” initial disclosures.

[i] In re Amendments to Fla. Rule of Civil Proc. 1.280(f), 50 Fla. L. Weekly S136, *2 (Fla. June 19, 2025).

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