Rule 8.245. DISCOVERY

RULE 8.245. DISCOVERY

(a)

Scope of Discovery. Unless otherwise limited by the

court in accordance with these rules, the scope of discovery is as

follows:

(1)

In General. Parties may obtain discovery regarding

any matter, not privileged, that is relevant to the subject matter of

the pending action, whether it relates to the claim or defense of the

party seeking discovery or the claim or defense of any other party,

including the existence, description, nature, custody, condition, and

location of any books, documents, or other things, whether stored

in a paper or electronic format, and the identity and location of

persons having knowledge of any discoverable matter. It is not

ground for objection that the information sought will be

inadmissible at the hearing if the information sought appears

reasonably calculated to lead to the discovery of admissible

evidence.

(2)

Claims of Privilege or Protection of Trial Preparation

Materials. When a party withholds information otherwise

discoverable under these rules by claiming that it is privileged or

subject to protection as trial preparation material, the party must

make the claim expressly and describe the nature of the document,

communications, or things not produced or disclosed in a manner

that, without revealing information itself privileged or protected, will

allow other parties to assess the applicability of the privilege or

protection.

(b)

Required Disclosure.

(1)

At any time after the filing of a shelter petition, a

petition alleging a child to be a dependent child, or a petition for

termination of parental rights, on written demand of any party, the

party to whom the demand is directed must disclose and permit

inspecting, copying, testing, or photographing matters material to

the cause

icability of the privilege or

protection.

(b)

Required Disclosure.

(1)

At any time after the filing of a shelter petition, a

petition alleging a child to be a dependent child, or a petition for

termination of parental rights, on written demand of any party, the

party to whom the demand is directed must disclose and permit

inspecting, copying, testing, or photographing matters material to

the cause. If the child had no living parent with intact parental

rights at the time the dependency allegations arose, then the person

who was serving as the legal custodian of the child at that time is

January 1, 2026

Florida Rules of Juvenile Procedure

Page 132 of 469

entitled to obtain discovery during the pendency of a shelter or

dependency petition.

(2)

The following information must be disclosed by any

party on demand:

(A)

The names and addresses of all persons

known to have information relevant to the proof or defense of the

petition’s allegations.

(B)

The statement of any person furnished in

compliance with the preceding paragraph. The term “statement”

means a written statement made by this person and signed or

otherwise adopted or approved by the person, or a stenographic,

mechanical, electronic, or other recording, or a transcript of it, or

that is a substantially verbatim recital of an oral statement made by

this person to an officer or agent of the state and recorded

contemporaneously with the making of the oral statement. The

court may prohibit any party from introducing in evidence the

material not disclosed, to secure and maintain fairness in the just

determination of the cause.

(C)

Any written or recorded statement and the

substance of any oral statement made by the demanding party or a

person alleged to be involved in the same transaction

ate and recorded

contemporaneously with the making of the oral statement. The

court may prohibit any party from introducing in evidence the

material not disclosed, to secure and maintain fairness in the just

determination of the cause.

(C)

Any written or recorded statement and the

substance of any oral statement made by the demanding party or a

person alleged to be involved in the same transaction. If the number

of oral statements made to any person are so numerous that, as a

practical matter, it would be impossible to list the substance of all

the oral statements, then the party to whom the demand is directed

will disclose that person’s identity and the fact that this person has

knowledge of numerous statements. This disclosure will allow the

demanding party to depose that person.

(D)

Papers or objects belonging to the demanding

party that are to be used at the adjudicatory hearing.

(E)

Reports or statements of experts, including

results of physical or mental examinations and of scientific tests,

experiments, or comparisons.

January 1, 2026

Florida Rules of Juvenile Procedure

Page 133 of 469

(3)

The disclosures required by subdivision (b) of this

rule must be made within 10 days from the receipt of the demand

for them. Disclosure may be made by allowing the requesting party

to review the files of the party from whom discovery is requested

after redaction of nondiscoverable information.

(c)

Limitations on Disclosure.

(1)

On application, the court may deny or partially

restrict disclosure authorized by this rule if it finds there is a

substantial risk to any person of physical harm, intimidation,

bribery, economic reprisals, or unnecessary annoyance or

embarrassment resulting from the disclosure, that outweighs any

usefulness of the disclosure to the party requesting it.

(2)

Disclosure must not be required of legal research or

of records, correspondence, or memoranda, to the extent that they

contain the opinion, theories, or conclusions of the parties’

attorneys or members of their legal staff.

ry, economic reprisals, or unnecessary annoyance or

embarrassment resulting from the disclosure, that outweighs any

usefulness of the disclosure to the party requesting it.

(2)

Disclosure must not be required of legal research or

of records, correspondence, or memoranda, to the extent that they

contain the opinion, theories, or conclusions of the parties’

attorneys or members of their legal staff.

(d)

Production of Documents and Things for Inspection

and Other Purposes.

(1)

Request; Scope. Any party may request any other

party:

(A)

to produce and permit the party making the

request, or someone acting on the requesting party’s behalf, to

inspect and copy any designated documents, including writings,

drawings, graphs, charts, photographs, phono-records, and other

data compilations from which information can be obtained,

translated, if necessary, whether stored in paper or electronic

format, by the party to whom the request is directed through

detection devices into reasonably usable form, that constitute or

contain matters within the scope of subdivision (a) and that are in

the possession, custody, or control of the party to whom the request

is directed; and

(B)

to inspect and copy, test, or sample any things

that constitute or contain matters within the scope of subdivision

January 1, 2026

Florida Rules of Juvenile Procedure

Page 134 of 469

(a) and that are in the possession, custody, or control of the party to

whom the request is directed.

ision (a) and that are in

the possession, custody, or control of the party to whom the request

is directed; and

(B)

to inspect and copy, test, or sample any things

that constitute or contain matters within the scope of subdivision

January 1, 2026

Florida Rules of Juvenile Procedure

Page 134 of 469

(a) and that are in the possession, custody, or control of the party to

whom the request is directed.

(2)

Procedure. Without leave of court the request may

be served on the petitioner after commencement of proceedings and

on any other party with or after service of the summons and initial

petition on that party. The request must set forth the items to be

inspected, either by individual item or category, and describe each

item and category with reasonable particularity. The request must

specify a reasonable time, place, and manner of making the

inspection or performing the related acts. The party to whom the

request is directed must serve a written response within 15 days

after service of the request, except that a respondent may serve a

response within 30 days after service of the process and initial

pleading on that respondent. The court may allow a shorter or

longer time. For each item or category the response must state that

inspection and related activities will be permitted as requested

unless the request is objected to, in which event the reasons for the

objection must be stated. If an objection is made to part of an item

or category, the part must be specified. When producing

documents, the producing party must either produce them as they

are kept in the usual course of business or identify them to

correspond with the categories in the request. The party submitting

the request may move for an order under subdivision (k) concerning

any objection, failure to respond to the request, or any part of it, or

failure to permit inspection as requested.

(3)

Persons Not Parties. This rule does not preclude an

independent action against a person not a party for production of

documents and things.

hem to

correspond with the categories in the request. The party submitting

the request may move for an order under subdivision (k) concerning

any objection, failure to respond to the request, or any part of it, or

failure to permit inspection as requested.

(3)

Persons Not Parties. This rule does not preclude an

independent action against a person not a party for production of

documents and things.

(4)

Filing of Documents. Unless required by the court, a

party must not file any of the documents or things produced with

the response. Documents or things may be filed only when they

should be considered by the court in determining a matter pending

before the court.

(e)

Production of Documents and Things Without

Deposition.

January 1, 2026

Florida Rules of Juvenile Procedure

Page 135 of 469

(1)

Request; Scope. A party may seek inspection and

copying of any documents or things from a person who is not a

party by issuance of a subpoena directing the production of the

documents or things when the requesting party does not seek to

depose the custodian or other person in possession of the

documents or things.

(2)

Procedure. A party desiring production under this

rule must first serve notice on every other party of the intent to

serve a subpoena under this rule at least 10 days before the

subpoena is issued if service by delivery or email and 15 days

before the subpoena is issued if service is by mail. The proposed

subpoena must:

(A)

be attached to the notice and state the time,

place, and method for production of the documents or things, and

the name and address of the person who is to produce the

documents or things, if known, and if not known, a general

description sufficient to identify the person or the particular class

or group to which the person belongs;

(B)

include a designation of the items to be

produced; and

(C)

state that the person who will be asked to

produce the documents or things has the right to object to the

production under this rule and that the person will not be required

to surrender the documents or

if not known, a general

description sufficient to identify the person or the particular class

or group to which the person belongs;

(B)

include a designation of the items to be

produced; and

(C)

state that the person who will be asked to

produce the documents or things has the right to object to the

production under this rule and that the person will not be required

to surrender the documents or things.

If any party serves an objection to production under this rule within

10 days of service of the notice, the party requesting production

may set and properly notice a hearing to resolve the objecting

party’s objection. The subpoena must not be served until the court

overrules the objection, or the objection is withdrawn.

(3)

Subpoena. If no objection is made by a party, or if a

party’s objection is withdrawn or overruled by the court, an

attorney of record in the action may either issue a subpoena, or the

party desiring production may deliver a subpoena to the clerk for

issuance along with a certificate of counsel or pro se party that

January 1, 2026

Florida Rules of Juvenile Procedure

Page 136 of 469

there are no pending objections. The clerk must issue the subpoena

and deliver it to the party desiring production. The subpoena must

be identical to the copy attached to the notice, specify that no

testimony may be taken, and require only production of the

documents or things specified in it. The subpoena may give the

recipient an option to deliver, electronically serve, or mail legible

copies of the documents or things to the party serving the

subpoena. The person on whom the subpoena is served may

condition the preparation of copies on the payment in advance of

the reasonable costs of preparing the copies. The subpoena must

require production only in the county of the residence of the

custodian or other person in possession of the documents or things

or in the county where the documents or things are located or

where the custodian or person in possession usually conducts

business

served may

condition the preparation of copies on the payment in advance of

the reasonable costs of preparing the copies. The subpoena must

require production only in the county of the residence of the

custodian or other person in possession of the documents or things

or in the county where the documents or things are located or

where the custodian or person in possession usually conducts

business. If any person served with a subpoena objects in writing at

any time before the production of the documents or things, the

documents or things may not be produced pending resolution of the

objection, unless they are produced through a deposition.

(4)

Copies Furnished. If the subpoena is complied with,

the party receiving the items responsive to the subpoena must

furnish a legible copy of each item to any other party who requests

it on the payment of the reasonable cost of preparing the response.

(5)

Objection by Nonparty. If an objection to a subpoena

for production is filed by the nonparty, the party requesting

production may either set and properly notice a hearing to resolve

the objection or proceed by setting a deposition. The party seeking

production must provide reasonable notice of the hearing to the

parties and to the person from whom production is sought.

(6)

Independent Action. This rule does not affect the

right of any party to bring an independent action for production of

documents and things.

(f)

Protective Orders. On motion by a party or by the

person from whom discovery is sought, and for good cause shown,

the court in which the action is pending may make any order to

protect a party or person from annoyance, embarrassment,

January 1, 2026

Florida Rules of Juvenile Procedure

Page 137 of 469

oppression, or undue burden or expense that justice requires,

including one or more of the following:

(1)

that the discovery not be had;

(2)

that the discovery may be had only on specified

terms and conditions, including a designation of the time or place;

make any order to

protect a party or person from annoyance, embarrassment,

January 1, 2026

Florida Rules of Juvenile Procedure

Page 137 of 469

oppression, or undue burden or expense that justice requires,

including one or more of the following:

(1)

that the discovery not be had;

(2)

that the discovery may be had only on specified

terms and conditions, including a designation of the time or place;

(3)

that the discovery may be had only by a method of

discovery other than that selected by the party seeking discovery;

(4)

that certain matters not be inquired into, or that the

scope of the discovery be limited to certain matters;

(5)

that discovery be conducted with no one present

except persons designated by the court;

(6)

that a deposition after being sealed be opened only

by order of the court;

(7)

that confidential research or information not be

disclosed or be disclosed only in a designated way; and

(8)

that the parties simultaneously file specified

documents or information enclosed in sealed envelopes to be

opened as directed by the court.

If the motion for a protective order is denied in whole or in

part, the court may, on such terms and conditions as are just,

order that any party or person provide or permit discovery.

(g)

Depositions.

(1)

Time and Place.

(A)

At any time after the filing of the petition

alleging a child to be dependent or a petition for termination of

parental rights, any party may take the deposition on oral

examination of any person who may have information relevant to

the allegations of the petition.

January 1, 2026

Florida Rules of Juvenile Procedure

Page 138 of 469

(B)

The deposition must be taken in a building in

which the adjudicatory hearing may be held, in another place

agreed on by the parties, or where the trial court may designate by

special or general order. A resident of the state may be required to

attend an examination only in the county in which the resident

resides, is employed, or regularly transacts business in person.

rocedure

Page 138 of 469

(B)

The deposition must be taken in a building in

which the adjudicatory hearing may be held, in another place

agreed on by the parties, or where the trial court may designate by

special or general order. A resident of the state may be required to

attend an examination only in the county in which the resident

resides, is employed, or regularly transacts business in person.

(2)

Procedure.

(A)

The party taking the deposition must give

written notice to each other party. The notice must state the time

and place the deposition is to be taken and the name of each person

to be examined.

(B)

Subpoenas for taking depositions must be

issued by the clerk of the court, the court, or any attorney of record

for a party.

(C)

After notice to the parties the court, for good

cause shown, may extend or shorten the time and may change the

place of taking.

(D)

Except as otherwise provided by this rule, the

procedure for taking the deposition, including the scope of the

examination and obtaining protective orders, must be the same as

that provided by the Florida Rules of Civil Procedure.

(3)

Use of Deposition. Any deposition taken under this

rule may be used at any hearing covered by these rules by any

party for the following purposes:

(A)

For the purpose of impeaching the testimony

of the deponent as a witness.

(B)

For testimonial evidence, when the deponent,

whether or not a party, is unavailable to testify because of one or

more of the following reasons:

(i)

The witness is dead.

January 1, 2026

Florida Rules of Juvenile Procedure

Page 139 of 469

(ii)

The witness is at a greater distance than

100 miles from the place of hearing or is out of the state, unless it

appears that the absence of the witness was procured by the party

offering the deposition.

(iii) The party offering the deposition has

been unable to procure the attendance of the witness by subpoena.

(iv)

The witness is unable to attend or testify

because of age, illness, infirmity, or imprisonment.

s at a greater distance than

100 miles from the place of hearing or is out of the state, unless it

appears that the absence of the witness was procured by the party

offering the deposition.

(iii) The party offering the deposition has

been unable to procure the attendance of the witness by subpoena.

(iv)

The witness is unable to attend or testify

because of age, illness, infirmity, or imprisonment.

(v)

It has been shown on application and

notice that such exceptional circumstances exist as to make it

desirable, in the interest of justice and with due regard to the

importance of presenting the testimony of witnesses orally in open

court, to allow the deposition to be used.

(vi)

The witness is an expert or skilled

witness.

(4)

Use of Part of Deposition. If only part of a deposition

is offered in evidence by a party, an adverse party may require the

party to introduce any other part that in fairness ought to be

considered with the part introduced, and any party may introduce

any other parts.

(5)

Refusal to Obey Subpoena. A person who refuses to

obey a subpoena served on the person for the taking of a deposition

may be adjudged in contempt of the court from which the subpoena

issued.

(6)

Limitations on Use. Except as provided in

subdivision (3), no deposition must be used or read in evidence

when the attendance of the witness can be procured. If it appears to

the court that any person whose deposition has been taken has

absented himself or herself by procurement, inducements, or

threats by or on behalf of any party, the deposition must not be

read in evidence on behalf of that party.

January 1, 2026

Florida Rules of Juvenile Procedure

Page 140 of 469

n must be used or read in evidence

when the attendance of the witness can be procured. If it appears to

the court that any person whose deposition has been taken has

absented himself or herself by procurement, inducements, or

threats by or on behalf of any party, the deposition must not be

read in evidence on behalf of that party.

January 1, 2026

Florida Rules of Juvenile Procedure

Page 140 of 469

(h)

Perpetuating Testimony Before Action or Pending

Appeal.

(1)

Before Action.

(A)

Petition. A person who desires to perpetuate

the person’s own testimony or that of another person regarding any

matter that may be cognizable in any court of this state may file a

verified petition in the circuit court in the county of the residence of

any expected adverse party. The petition must be titled in the name

of the petitioner and show:

(i)

that the petitioner expects to be a party

to an action cognizable in a court of Florida, but is presently unable

to bring it or cause it to be brought;

(ii)

the subject matter of the expected action

and the person’s interest in it;

(iii) the facts that the person desires to

establish by the proposed testimony and the reasons for desiring to

perpetuate it;

(iv)

the names or a description of the persons

expected to be adverse parties and their names and addresses so

far as known; and

(v)

the names and addresses of the persons

to be examined and the substance of the testimony expected to be

elicited from each and asking for an order authorizing the petitioner

to take the deposition of the persons to be examined named in the

petition for the purpose of perpetuating their testimony.

(B)

Notice and Service. The petitioner must serve a

notice on each person named in the petition as an expected adverse

party, with a copy of the petition, stating that the petitioner will

apply to the court at a time and place in the notice for an order

described in the petition

take the deposition of the persons to be examined named in the

petition for the purpose of perpetuating their testimony.

(B)

Notice and Service. The petitioner must serve a

notice on each person named in the petition as an expected adverse

party, with a copy of the petition, stating that the petitioner will

apply to the court at a time and place in the notice for an order

described in the petition. At least 20 days before the date of the

hearing, the notice must be served either within or without the

county in the manner provided by law for serving of summons.

January 1, 2026

Florida Rules of Juvenile Procedure

Page 141 of 469

However, if service cannot with due diligence be made on any

expected adverse party named in the petition, the court may order

service by publication or otherwise and must appoint an attorney

for persons not served in the manner provided by law for service of

summons. The attorney must represent the adverse party and, if he

or she is not otherwise represented, must cross-examine the

deponent.

(C)

Order and Examination. If the court is

satisfied that the perpetuation of the testimony may prevent a

failure or delay of justice, it must make an order designating or

describing the persons whose depositions may be taken and

specifying the subject matter of the examination and whether the

deposition must be taken on oral examination or written

interrogatories. The deposition may then be taken in accordance

with these rules and the court may make orders in accordance with

the requirements of these rules. For the purpose of applying these

rules to depositions for perpetuating testimony, each reference in

them to the court in which the action is pending must be deemed to

refer to the court in which the petition for the deposition was filed.

(D)

Use of Deposition. If a deposition to perpetuate

testimony is taken under these rules, it may be used in any action

involving the same subject matter subsequently brought in any

court of Florida in accordance with the provisions of subdivision

h reference in

them to the court in which the action is pending must be deemed to

refer to the court in which the petition for the deposition was filed.

(D)

Use of Deposition. If a deposition to perpetuate

testimony is taken under these rules, it may be used in any action

involving the same subject matter subsequently brought in any

court of Florida in accordance with the provisions of subdivision

(g)(3).

(2)

Pending Appeal. If an appeal has been taken from a

judgment of any court or before the taking of an appeal if the time

for it has not expired, the court in which the judgment was

rendered may allow the taking of the depositions of witnesses to

perpetuate their testimony for use in further proceedings in the

court. In such case, the party who desires to perpetuate the

testimony may move for leave to take the deposition on the same

notice and service as if the action were pending in the court. The

motion must show the names and addresses of persons to be

examined, the substance of the testimony expected to be elicited

from each, and the reasons for perpetuating the testimony. If the

court finds that the perpetuation is proper to avoid a failure or

January 1, 2026

Florida Rules of Juvenile Procedure

Page 142 of 469

delay in justice, it may make orders as provided for by this rule and

the deposition may then be taken and used in the same manner

and under the same conditions as are prescribed in these rules for

depositions taken in actions pending in the court.

(3)

Perpetuation Action. This rule does not limit the

power of a court to entertain an action to perpetuate testimony.

venile Procedure

Page 142 of 469

delay in justice, it may make orders as provided for by this rule and

the deposition may then be taken and used in the same manner

and under the same conditions as are prescribed in these rules for

depositions taken in actions pending in the court.

(3)

Perpetuation Action. This rule does not limit the

power of a court to entertain an action to perpetuate testimony.

(i)

Rules Governing Depositions of Children Under 18.

(1)

The taking of a deposition of a child witness or

victim under the age of 18 may be limited or precluded by the court

for good cause shown.

(2)

The court, after proper notice to all parties and an

evidentiary hearing, based on good cause shown, may set

conditions for the deposition of a child under the age of 18

including:

(A)

designating the place of the deposition;

(B)

designating the length of time of the

deposition;

(C)

permitting or prohibiting the attendance of any

person at the deposition;

(D)

requiring the submission of questions before

the examination;

(E)

choosing a skilled interviewer to pose the

questions;

(F)

limiting the number or scope of the questions

to be asked; or

(G)

imposing any other conditions the court feels

are necessary for the protection of the child.

(3)

Good cause is shown based on, but not limited to,

one or more of the following considerations:

January 1, 2026

Florida Rules of Juvenile Procedure

Page 143 of 469

(A)

The age of the child.

(B)

The nature of the allegations.

(C)

The relationship between the child victim and

the alleged abuser or the relationship of the child to the parties in

the case.

(D)

The child has undergone previous interviews

for the purposes of criminal or civil proceedings that were recorded

either by videotape or some other manner of recording and the

requesting party has access to the recording.

(E)

The examination would adversely affect the

child.

(F)

The manifest best interests of the child require

the limitations or restrictions.

e child to the parties in

the case.

(D)

The child has undergone previous interviews

for the purposes of criminal or civil proceedings that were recorded

either by videotape or some other manner of recording and the

requesting party has access to the recording.

(E)

The examination would adversely affect the

child.

(F)

The manifest best interests of the child require

the limitations or restrictions.

(4)

The court, in its discretion, may order the

consolidation of the taking of depositions of a child under the age of

18 when the child is the victim or witness in a pending proceeding

arising from similar facts or circumstances.

(j)

Supplemental Discovery. If, subsequent to compliance

with these rules, a party discovers additional witnesses, evidence,

or material that the party would have been under a duty to disclose

or produce at the time of the previous compliance, the party must

promptly disclose or produce such witnesses, evidence, or material

in the same manner as required under these rules for initial

discovery.

(k)

Sanctions.

(1)

If at any time during the course of the proceedings,

it is brought to the attention of the court that a party has failed to

comply with an applicable discovery rule or with an order issued

under an applicable discovery rule, the court may:

January 1, 2026

Florida Rules of Juvenile Procedure

Page 144 of 469

(A)

order the party to comply with the discovery or

inspection of materials not previously disclosed or produced;

(B)

grant a continuance;

(C)

order a new hearing;

(D)

prohibit the party from calling a witness not

disclosed or introducing in evidence the material not disclosed; or

(E)

enter an order that it deems just under the

circumstances.

(2)

Willful violation by counsel of an applicable

discovery rule or an order issued under it may subject counsel to

appropriate sanction by the court.

Committee Notes

1991 Amendment. (a)(1) Termination of parental rights

proceedings have been added to discovery procedures.