FL · rules
Fla. Sm. Cl. R. 7.020
Applicability of Rules of Civil Procedure
(a) Generally. Florida Rules of Civil Procedure 1.090(a), (b),
and (c); 1.190(a)-(e); 1.210(b); 1.260; 1.410; and 1.560 are
applicable in all actions covered by these rules.
(b) Discovery. Any party represented by an attorney is
subject to discovery pursuant to Florida Rules of Civil Procedure
1.280–1.380 directed at said party, without order of court. If a party
not represented by an attorney directs discovery to a party
represented by an attorney, the represented party may also use
discovery pursuant to the above-mentioned rules without leave of
court. When a party is not represented by an attorney, and has not
initiated discovery pursuant to Florida Rules of Civil Procedure
1.280–1.380, the opposing party is not entitled to initiate discovery
without leave of court. However, the time for discovery procedures
may be prescribed by the court.
(c) Additional Rules. In any particular action, the court
may order that action to proceed under 1 or more additional Florida
Rules of Civil Procedure on application of any party, the stipulation
of all parties, or on the court’s own motion.
History
Committee Notes 1972 Amendment. Subdivision (a) is amended by giving the court authority to apply additional rules of civil procedure in any particular case on the application of a party, stipulation of all parties, or order on the court’s own motion. 1978 Amendment. These proposed amendments would help prevent overreaching and the ability of one party to obtain judgment without giving the court the full opportunity to consider the merits of the case. When attorneys are involved, the rule would preserve the ability of the parties to fully develop their cases. 1996 Amendment. The addition of Fla. R. Civ. P. 1.380 enables the court to issue and impose sanctions for failure to comply with discovery requests.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
8a120b78311cf5b199b47d95679f68c2a6ee8ad5de883f39b32fc37edb892e3f
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