Fla. R. Civ. P. 1.285

Inadvertent Disclosure of Privileged Materials

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RULE 1.285. 	INADVERTENT DISCLOSURE OF PRIVILEGED
MATERIALS
(a) 	Assertion of Privilege as to Inadvertently Disclosed
Materials. Any party, person, or entity, after inadvertent disclosure
of any materials pursuant to these rules, may thereafter assert any
privilege recognized by law as to those materials. This right exists
without regard to whether the disclosure was made pursuant to
formal demand or informal request. In order to assert the privilege,
the party, person, or entity, shall, within 10 days of actually
discovering the inadvertent disclosure, serve written notice of the
assertion of privilege on the party to whom the materials were
disclosed. The notice shall specify with particularity the materials
as to which the privilege is asserted, the nature of the privilege
asserted, and the date on which the inadvertent disclosure was
actually discovered.
(b) 	Duty of the Party Receiving Notice of an Assertion of
Privilege. A party receiving notice of an assertion of privilege under
subdivision (a) shall promptly return, sequester, or destroy the
materials specified in the notice, as well as any copies of the
material. The party receiving the notice shall also promptly notify
any other party, person, or entity to whom it has disclosed the

materials of the fact that the notice has been served and of the
effect of this rule. That party shall also take reasonable steps to
retrieve the materials disclosed. Nothing herein affects any
obligation pursuant to R. Regulating Fla. Bar 4-4.4(b).
(c) 	Right to Challenge Assertion of Privilege. Any party
receiving a notice made under subdivision (a) has the right to
challenge the assertion of privilege. The grounds for the challenge
may include, but are not limited to, the following:
(1) 	The materials in question are not privileged.
(2) 	The disclosing party, person, or entity lacks
standing to assert the privilege.
(3) 	The disclosing party, person, or entity has failed to
serve timely notice under this rule.
(4) 	The circumstances surrounding the production or
disclosure of the materials warrant a finding that the disclosing
party, person, or entity has waived its assertion that the material is
protected by a privilege.
Any party seeking to challenge the assertion of privilege shall do so
by serving notice of its challenge on the party, person, or entity
asserting the privilege. Notice of the challenge shall be served within
20 days of service of the original notice given by the disclosing
party, person, or entity. The notice of the recipient’s challenge shall
specify the grounds for the challenge. Failure to serve timely notice
of challenge is a waiver of the right to challenge.
(d) 	Effect of Determination that Privilege Applies. When
an order is entered determining that materials are privileged or that
the right to challenge the privilege has been waived, the court shall
direct what shall be done with the materials and any copies so as to
preserve all rights of appellate review. The recipient of the materials
shall also give prompt notice of the court’s determination to any
other party, person, or entity to whom it had disclosed the
materials.

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