Florida Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Florida?

In Florida, expert discovery is governed by specific state rules, primarily Fla. R. Civ. P. 1.280(b)(5), which outlines the permissible scope of discovery related to expert witnesses. Unlike the federal system, Florida does not require automatic expert reports, instead, parties must disclose expert information through traditional discovery methods and case management orders. This involves using interrogatories to identify experts who will testify at trial and to obtain details about the subject matter, facts, and opinions of their testimony, including a summary of the grounds for each opinion.

Florida's approach aligns with some aspects of Fed. R. Civ. P. 26(b)(4), particularly regarding the inquiry into expert identities and opinions, but diverges by not mandating pretrial expert reports. Limits exist on the discovery of expert communications, draft reports, and consulting expert materials. Specifically, consulting experts who are not expected to testify are generally protected from discovery, absent exceptional circumstances.

Timing and Procedure for Expert Discovery in Florida

Expert discovery in Florida typically occurs well in advance of trial, integrated into the broader discovery timeline set by case management orders. These orders often require expert information to be disclosed approximately 60 to 90 days before trial. The procedural steps for expert discovery include serving interrogatories to identify and obtain the opinions of experts, deposing experts, and making requests for the production of documents. Fla. R. Civ. P. 1.280(b)(5) governs these processes, while deadlines are generally established by each circuit court's pretrial order.

Failure to comply with these timelines can result in significant consequences, including the exclusion of expert testimony under Fla. R. Civ. P. 1.200 or 1.380. Therefore, parties must adhere to the court's scheduling orders and any specific directives related to expert discovery.

What Methods of Expert Discovery Are Permitted in Florida?

In Florida, several methods of expert discovery are permitted, including:

• Interrogatories: Used to identify experts and obtain a summary of their opinions and the bases thereof.
• Depositions: Experts may be deposed, and the party conducting the deposition must compensate the expert reasonably for their time (Fla. R. Civ. P. 1.390(c)).
• Requests for Production: Parties may request relevant documents that form the basis of the expert's opinions.

Discovery is primarily limited to testifying experts. Consulting experts who are not expected to testify are generally protected from discovery unless exceptional circumstances justify such discovery, a standard similar to federal practice.

Limits on Discovery of Expert Materials and Communications

Florida imposes specific limits on the discovery of expert materials and communications. Draft reports and attorney-expert communications are generally protected from discovery. Exceptions exist for discovering information related to bias, facts, or data considered by the expert in forming their opinions. Fla. R. Civ. P. 1.280(b)(5) supports these protections, although the rule does not explicitly address all aspects of privilege or work-product doctrine. Notably, consulting experts' materials remain undiscoverable unless the court finds exceptional circumstances.

Consequences for Noncompliance or Discovery Violations

Noncompliance with expert discovery rules in Florida can lead to significant sanctions under Fla. R. Civ. P. 1.380. Potential consequences include:

• Exclusion of Expert Testimony: Failure to timely disclose or supplement expert information may result in the exclusion of the expert's testimony.
• Monetary Sanctions: Courts may impose fines or require payment of the opposing party's costs incurred due to the violation.
• Continuances: The court may grant a continuance to address the noncompliance issue.

Compliance with pretrial orders and discovery rules is essential to avoid such penalties.

Relevant Rules and Legal Authority in Florida

The primary rules governing expert discovery in Florida include:

• [Fla. R. Civ. P. 1.280(b)(5)](https://coxlawflorida.com/florida-rules-of-civil-procedure/rule-1-280-general-provisions-governing-discovery/): Outlines the scope and methods of expert discovery.
• Fla. R. Civ. P. 1.390(c): Addresses the deposition of experts and compensation requirements.
• [Fla. R. Civ. P. 1.380](https://floridarules.net/civil-procedure/rule-1-380-failure-to-make-discovery-sanctions/): Provides for sanctions related to discovery violations.

Florida's rules differ significantly from federal practice by not requiring automatic expert witness report and limiting discovery of non-testifying experts. However, the use of interrogatories and depositions to discover expert opinions shows some parallel to federal procedures, with distinct state-specific interpretations and applications.