Under Florida law, parties who choose to pursue claims in civil lawsuits must abide by any applicable rules of procedure. This means, in part, that they must either answer discovery requests or set forth a valid objection explaining why they are refusing to answer. Parties that do not willingly respond to discovery requests may be compelled to do so by the courts. In a recent opinion issued in a case involving a boating accident, a Florida district court discussed the parameters of discovery in personal injury cases. If you were hurt in a boat collision, it is advisable to confer with a Florida personal injury attorney about what damages you may be able to recover in a civil lawsuit.
The Defendant’s Requests and Motion
Reportedly, the defendant began the subject proceeding pursuant to the Supplemental Rules for Admiralty or Maritime claims by requesting the right to exoneration and the limitation of liability of all claims arising out of a boating accident in August 2020. The plaintiffs filed answers and affirmative defenses to the claims. The defendant then served discovery requests on the plaintiffs, which the plaintiffs answered.
Allegedly, the defendant contacted the plaintiffs about deficiencies in the discovery responses. The plaintiffs did not respond, and the defendant moved to compel complete responses and requested reasonable attorneys’ fees for the cost of pursuing the motion. The plaintiffs did not respond. Continue reading ›