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FL · rules

Fla. R. Civ. P.–S.V.P. 4.380

Failure to Make Discovery; Sanctions

activein force · 2024-01-01 – presentact-effective-date

(a) Motion for Order Compelling Discovery. A party may

apply for an order compelling discovery upon reasonable notice to

the other party and all persons affected, as follows:

(1) Motion. If a deponent fails to answer a question

propounded or submitted under rule 4.310, fails to respond that

the examination will be permitted as requested, or fails to submit to

or to produce a person in that party’s custody or legal control for

examination, the discovering party may move for an order

compelling an answer, or a designation or an order compelling

inspection, or an order compelling an examination in accordance

with the request. The motion must include a certification that the

movant, in good faith, has conferred or attempted to confer with the

person or party failing to make the discovery in an effort to secure

the information or material without court action. When taking a

deposition on oral examination, the proponent of the question may

complete or adjourn the examination before applying for an order. If

the court denies the motion in whole or in part, it may make such

protective order as it would have been empowered to make on a

motion made pursuant to rule 4.280(c).

(2) Evasive or Incomplete Answer. For purposes of this

subdivision, an evasive or incomplete answer must be treated as a

failure to answer.

(b) Failure to Comply with Order.

Florida Rules of Civil Procedure for

Involuntary Commitment of Sexually Violent Predators

If a deponent fails to be sworn or to answer a question

after being directed to do so by the court, the failure may be

considered a contempt of the court, or, if the deponent is a party,

the court may enter any of the following orders:

(1) an order that the matters regarding which of the

questions were asked or any other designated facts shall be taken

to be established for the purposes of the action in accordance with

the claim of the party obtaining the order;

(2) an order refusing to allow the disobedient party to

support or oppose designated claims or defenses, or prohibiting that

party from introducing designated matters in evidence;

(3) an order striking out pleadings or parts of them or

staying further proceedings until the order is obeyed, or dismissing

the action or proceeding or any part of it, or rendering a judgment

by default against the disobedient party;

(4) instead of any of the foregoing orders or in addition

to them, an order treating as a contempt of court the failure to obey

any orders except an order to submit to an examination made

pursuant to rule 4.360(b)(2); or

(5) an order imposing the sanctions listed in paragraph

(1), (2), or (3) of this subdivision if the respondent fails to submit to

an examination as ordered.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
80d1edaa315a03d7397422d69e474e6720f52337dc201e458fff5c44519c32ed
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