State Court Discovery - Interrogatories - Florida

IN THE CIRCUIT COURT OF THE ☐ JUDICIAL CIRCUIT

IN AND FOR [___] COUNTY, FLORIDA

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT [DEFENDANT NAME]

I. INTRODUCTORY STATEMENT

Plaintiff, pursuant to Florida Rules of Civil Procedure 1.280 and 1.340, propounds the following Interrogatories to Defendant [DEFENDANT NAME] (“Defendant”). Each selected Interrogatory must be answered separately and fully in writing under oath unless a specific objection is stated. Answers and objections are due within thirty (30) days after service of the Interrogatories; a defendant may instead respond within forty-five (45) days after service of the process and initial pleading, unless the Court allows a shorter or longer time. Fla. R. Civ. P. 1.340(a)(7)-(9).

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below:

1. “Action” means the above-captioned lawsuit and any related claims, defenses, counterclaims, or third-party claims.
2. “Communication” means any oral, written, or electronic transmission of information of any kind, including but not limited to conversations, correspondence, emails, text messages, and social-media posts.
3. “Document” means a document or electronically stored information within the scope of Fla. R. Civ. P. 1.280(a)(1)(B) and (c)(3), limited by the proportionality requirements of Rule 1.280(c)(1).

4. “Identify” or “Identification” when used:
   a. With respect to a person—state the person’s full name, last known address, telephone number, and relationship to the parties.
   b. With respect to a document—state the title, date, author, recipients, type (e.g., email, letter), subject matter, and present custodian.
   c. With respect to a communication—state the date, parties to the communication, medium, and substance.

5. “Person” means any natural individual, corporation, partnership, limited liability company, association, trust, governmental entity, or other legal entity.

III. INSTRUCTIONS

1. Answer each Interrogatory based on information available to Defendant, subject to any properly asserted privilege or trial-preparation protection.
2. If Defendant withholds otherwise discoverable information based on privilege or trial-preparation protection, expressly make the claim and describe the nature of the withheld material sufficiently to permit assessment of the claim without revealing the protected information. Fla. R. Civ. P. 1.280(c)(6).
3. If Defendant objects to an Interrogatory, state the grounds with specificity, including the reasons. A ground omitted from a timely objection is waived unless the Court excuses the failure for good cause. Fla. R. Civ. P. 1.340(a)(8).
4. Defendant must timely supplement or correct any materially incomplete or incorrect answer when the additional or corrective information has not otherwise been made known during discovery or in writing. Fla. R. Civ. P. 1.280(g).
5. Unless otherwise stated, the relevant time period is [RELEVANT PERIOD] through the present.
6. In the answers, restate each Interrogatory in full as numbered, followed by the answer, objection, or other response. Fla. R. Civ. P. 1.280(j).
7. The responding attorney or self-represented litigant must sign the answers and objections and include the contact information required by Rule 1.280(k). The answering party must sign the answers under oath. Fla. R. Civ. P. 1.340(a)(7).

IV. RESPONSE REQUIREMENTS

Do not use blanket general objections incorporated into every response. Any objection should identify the particular Interrogatory, state the ground with specificity and reasons, and answer any unobjectionable portion that can be answered. Discovery is limited to nonprivileged matter relevant to a party's claim or defense and proportional to the needs of the case under Fla. R. Civ. P. 1.280(c)(1).

Examples of grounds that may apply to a particular Interrogatory, when factually supported, include ambiguity, overbreadth, disproportionality, attorney-client privilege, and trial-preparation protection. Do not assert a ground that is unsupported or use an objection to avoid answering an unobjectionable portion.

V. INTERROGATORIES

1. Identify every person believed or known by Defendant to have personal knowledge of any facts alleged in the pleadings, and for each such person, state the specific topics of information.
2. Describe in detail the factual basis for each affirmative defense asserted in Defendant’s [Answer / other responsive pleading], including identification of supporting documents and witnesses.
3. State the name and qualifications of each expert witness Defendant expects to call at trial, the subject matter on which the expert is expected to testify, and the substance of the facts and opinions to which the expert is expected to testify. Tailor expert discovery to Fla. R. Civ. P. 1.280(c)(5).
4. Identify any insurance policy or agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in this Action or to indemnify or reimburse payments made to satisfy the judgment. Omit this Interrogatory if the information has already been adequately disclosed under Rule 1.280(a)(1)(D) and no proportional supplemental inquiry is needed.
5. Identify all communications between Defendant and Plaintiff concerning the subject matter of this Action, specifying the date, medium, participants, and substance.
6. State whether Defendant contends any documents have been lost, destroyed, or are otherwise unavailable, and for each such document, provide the title, date, author, subject, and circumstances of unavailability.
7. For each category of damages claimed by Defendant, set forth the amount, method of calculation, and all documents supporting the calculation.
8. Describe in detail all efforts undertaken by Defendant to preserve potentially relevant ESI once litigation became reasonably anticipated.
9. Identify every lawsuit, arbitration, or administrative proceeding involving Defendant within the last [X] years that relates to the same or similar subject matter as this Action.
10. State all facts supporting Defendant’s denial of Paragraph ☐ of Plaintiff’s Complaint.
11. State all facts supporting Defendant’s denial of Paragraph ☐ of Plaintiff’s Complaint.
12. State all facts supporting Defendant’s denial of Paragraph ☐ of Plaintiff’s Complaint.
13. Identify all documents that support your responses to Interrogatories Nos. 1–12.
14. Identify all persons who assisted or supplied information used to prepare the answers to these Interrogatories.
15. State the basis for any contention by Defendant that Plaintiff failed to mitigate damages, including identification of supporting documents and witnesses.
16. Describe all internal policies, procedures, or guidelines relevant to the claims or defenses in this Action that were in effect during the relevant period.
17. Identify and describe any indemnity agreements, hold-harmless agreements, or similar contracts that may shift liability for the claims asserted in this Action.
18. State whether Defendant contends that any third party is partially or wholly responsible for the damages alleged, and if so, identify such third party and state the factual basis.
19. State all facts supporting any contention that Plaintiff failed to satisfy a condition precedent to the claim asserted in this Action.
20. Identify all social-media accounts maintained by Defendant that contain posts referring or relating to Plaintiff or the subject matter of this Action.
21. State the complete factual basis for Defendant’s position regarding the applicability of any statute of limitations or statute of repose.
22. Identify all industry standards, governmental regulations, or internal guidelines Defendant contends are relevant to the claims in this Action.
23. State in detail all facts supporting Defendant’s contention that Plaintiff’s alleged damages were caused by superseding or intervening causes.
24. Identify each request for admission served in this Action that Defendant has denied, and state the complete factual basis for each denial.
25. Describe any nonprivileged corrective or remedial actions taken by Defendant in response to the events giving rise to this Action, limited to information within the permissible scope of discovery and without implying admissibility at trial.

VI. VERIFICATION

I, [ANSWERING PARTY / OFFICER OR AGENT NAME], being first duly sworn, state that I am [the Defendant / TITLE of Defendant [DEFENDANT NAME]]; that I have read the foregoing Answers to Interrogatories and know their contents; and that the answers are true and correct to the best of my knowledge, information, and belief.

[DEFENDANT NAME]

By: _______________________________
Name: _____________________________
Title: ______________________________

State of __________ )
County of ________ )

Sworn to (or affirmed) and subscribed before me this ___ day of __________, 20__, by ________________________, who is personally known to me or who has produced ____________________ as identification.

_______________________________
Notary Public, State of __________
My Commission Expires: __________

VII. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing Interrogatories were served on [DEFENDANT / RESPONDING PARTY], and copies were served on all other parties, on [__/__/____] by [METHOD PERMITTED BY THE APPLICABLE SERVICE RULES]. A certificate stating the date of service and the party to whom the Interrogatories were directed must be filed. Fla. R. Civ. P. 1.340(e)(1)-(2).

[Opposing Counsel Name]
[Law Firm]
[Address]
[Email]

___________________________________
[ATTORNEY NAME], ESQ.
Florida Bar No. [___]
[LAW FIRM NAME]
[Address]
Telephone: [___]
Email: [___]

Attorney for Plaintiff

FILING AND SERVICE CHECKLIST

• ☐ Confirm the propounding party has satisfied applicable initial-disclosure obligations, or identify the exemption, stipulation, or court order permitting earlier discovery. Fla. R. Civ. P. 1.280(a), (f)(1).
• ☐ Use approved form interrogatories first when Rule 1.340(a)(4) applies.
• ☐ Count every Interrogatory and subpart; obtain leave before exceeding 30.
• ☐ Tailor every request to the claims, defenses, proportionality factors, case-management order, and discovery deadline.
• ☐ Serve the Interrogatories and all parties; file the certificate of service required by Rule 1.340(e)(2).
• ☐ Do not file the Interrogatories or answers unless another rule or court order supplies good cause. Fla. R. Civ. P. 1.280(h).

SOURCES AND REFERENCES

• Florida Supreme Court, In re Amendments to Florida Rules of Civil Procedure, No. SC2023-0962, corrected opinion (Jan. 23, 2025), official rule text effective Jan. 1, 2025: https://supremecourt.flcourts.gov/content/download/2444348/opinion/Opinion_SC2023-0962.pdf