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Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission.
In ordering discovery of the materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission.
Under rule 2.545, the trial judge is required to control the progress of the case, and under rule 1.280(c), the trial judge may limit relevant discovery to prevent annoyance or embarrassment. In tandem, these rules assist the court in preventing the unnecessary prolonging of the case.
Rule 1.280 (h) now provides protection for “… the operation of governmental and corporate entities by limiting the ability to depose or call as a witness the highest executives of the entity.” See id. at 460–62.
On 26 August 2021, the Supreme Court of Florida (the Court), on its own motion, issued an opinion amending Florida Rule of Civil Procedure 1.280 (the Opinion).1 The amendment officially codifies the common-law “Apex Doctrine” and extends its reach to high-level corporate officers.
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission.