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Fla. R. Civ. P. 1.350

verified

Production of Documents and Things

sha256 99582251081d3cf25b8ad4ad60da6675… · retrieved 7/11/2026, 11:08:25 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.350. 	PRODUCTION OF DOCUMENTS AND THINGS
AND ENTRY ON LAND FOR INSPECTION AND
OTHER PURPOSES
(a) 	Request; Scope. Any party may request any other party:

(1) 	to produce and permit the party making the
request, or someone acting in the requesting party’s behalf, to
inspect and copy any designated documents, including
electronically stored information, writings, drawings, graphs,
charts, photographs, audio, visual, and audiovisual recordings, and
other data compilations from which information can be obtained,
translated, if necessary, 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 rule 1.280(c) and
that are in the possession, custody, or control of the party to whom
the request is directed;
(2) 	to inspect and copy, test, or sample any tangible
things that constitute or contain matters within the scope of rule
1.280(c) and that are in the possession, custody, or control of the
party to whom the request is directed; or
(3) 	to permit entry on designated land or other property
in the possession or control of the party on whom the request is
served for the purpose of inspection and measuring, surveying,
photographing, testing, or sampling the property or any designated
object or operation on it within the scope of rule 1.280(c).
(b) 	Procedure.
(1) 	Without leave of court the request may be served on
the plaintiff after commencement of the action and on any other
party with or after service of the process and initial pleading on that
party.
(2) 	Requests must be served on all parties. 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.
(3) 	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 30 days after service of the request, except that a
defendant may serve a response within 45 days after service of the

process and initial pleading on that defendant. The court may allow
a shorter or longer time.
(4) 	Requests must be served on all parties. For each
item or category the response must state that inspection and
related activities will be permitted as requested or state with
specificity the grounds for objecting to the request, including the
reasons.
(5) 	If an objection is made to part of an item or
category, the objection must state with specificity the grounds for
objecting, including the reasons.
(6) 	An objection must state whether any responsive
materials are being withheld on the basis of that objection. An
objection to part of a request must specify the part and permit
inspection of the rest.
(7) 	When producing documents, the producing party
must either produce them as they are kept in the usual course of
business or must identify them to correspond with the categories in
the request.
(8) 	A request for electronically stored information may
specify the form or forms in which electronically stored information
is to be produced. If the responding party objects to a requested
form, or if no form is specified in the request, the responding party
must state the form or forms it intends to use. If a request for
electronically stored information does not specify the form of
production, the producing party must produce the information in a
form or forms in which it is ordinarily maintained or in a reasonably
usable form or forms.
(9) 	The party submitting the request may move for an
order under rule 1.380 concerning any objection, failure to respond
to the request, or any part of it, or failure to permit the inspection
as requested.

(c) 	Persons Not Parties. This rule does not preclude an
independent action against a person not a party for production of
documents and things and permission to enter on land.
(d) 	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 in compliance with
Florida Rule of General Practice and Judicial Administration 2.425
and rule 1.280(h) when they should be considered by the court in
determining a matter pending before the court.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 34 as amended in 1970. The new rule eliminates the
good cause requirement of the former rule, changes the time for
making the request and responding to it, and changes the
procedure for the response. If no objection to the discovery is made,
inspection is had without a court order. While the good cause
requirement has been eliminated, the change is not intended to
overrule cases limiting discovery under this rule to the scope of
ordinary discovery, nor is it intended to overrule cases limiting
unreasonable requests such as those reviewed in Van Devere v.
Holmes, 156 So. 2d 899 (Fla. 3d DCA 1963); IBM v. Elder, 187 So.
2d 82 (Fla. 3d DCA 1966); and Miami v. Florida Public Service
Commission, 226 So. 2d 217 (Fla. 1969). It is intended that the
court review each objection and weigh the need for discovery and
the likely results of it against the right of privacy of the party or
witness or custodian.
1980 Amendment. Subdivision (b) is amended to require
production of documents as they are kept in the usual course of
business or in accordance with the categories in the request.
2011 Amendment. A reference to Florida Rule of Judicial
Administration 2.425 and rule 1.280(f) is added to require persons
filing discovery materials with the court to make sure that good
cause exists prior to filing discovery materials and that certain
specific personal information is redacted.

2012 Amendment. Subdivision (a) is amended to address the
production of electronically stored information. Subdivision (b) is
amended to set out a procedure for determining the form to be used
in producing electronically stored information.

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