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FLORIDA SUPREME COURT COMMITTEE ON ACCESS TO COURT RECORDS

Edward M. Mullins Chair, Appellate Court Rules Committee 701 Brickell Ave., Floor 16 Miami, FL 33131-2801 Keith H. Park Chari, Civil Procedure Rules Committee P.O. Box 3563 West Palm Beach, FL 33402-3563 William C. Vose Chair, Criminal Procedure Rules Committee 1104 Bahama Drive Orlando, FL 32806-1440 Gary D. Fox Chair, Rules of Judicial Administration Committee One S. E. 3rd Ave., Suite 3000 Miami, FL 33131-1711 Mary K. Wimsett Chair, Juvenile Court Rules Committee Guardian Ad Litem Program 1132 N.W. 58th Terrace Gainesville, FL 3260-4477 Peter A. Sachs Chair, Probate Rules Committee 505 S. Flagler Drive, Suite 1100 West Palm Beach, FL 33401

1

Hon. Pauline M. Drayton Chair, Small Claims Rules Committee Duval County Court 330 E. Bay Street Jacksonville, FL 32202-2921 Peter A. Sartes II Chair, Traffic Court Rules Committee 600 Cleveland Street, Suite 700 Clearwater, FL 33755-4158 John Fraser Himes Chair, Family Law Rules Committee Himes & Boire, P.A. 101 East Kennedy Boulevard, Suite 2430 Tampa, FL 33601-5895 Hon. Nikki Clark Chair, Steering Committee on Families and Children in the Court Second Judicial Circuit Leon County Courthouse 301 South Monroe Street, Room 365F Tallahassee, FL 32301-1803 Re: Implementation of Recommendations of the Committee On Privacy and Court Records—Committee Reports and Follow-Up Reporting to Supreme Court Dear Committee Chairs: On behalf of Hon. Judith L. Kreeger, Chair, Committee on Access to Court Records (“CACR”), we have the pleasure of serving as Co-Chairs of the CACR’s Minimization Workgroup. This workgroup was formed for the purpose of assisting the Supreme Court of Florida in its review of your committee reports, filed at the Court’s request for the purpose of complying with certain recommendations of the Committee on Privacy and Court Records (“the Committee”), which is being implemented pursuant to Florida Administrative Order No. AOSC 06-20.

2

As you are aware, the Committee’s Recommendation Seven urges review and revision of all rules and forms to avoid the filing of personal information not necessary for adjudication or case management. And, the Committee’s Recommendation Ten urges the Court to adopt a rule of procedure that would require attorneys and litigants to refrain from filing discovery information unless filed for good cause. The Committee’s Recommendation Nine concerns the reduction of unnecessary filing of financial information in family law cases, and Recommendation Six concerns protection of confidential information in drug court cases. The CACR has been advised by the Court, through Mr. Hall’s letter of April 30, 2007, that five committees have proposed amendments to rules and/or forms (Appellate, Civil, Probate, Small Claims, and Family), three committees have advised that no amendments are needed (RJA, Juvenile, and Traffic), and that the Criminal Procedure Rules Committee and Steering Committee on Families and Children in the Court have been granted extensions until August 1, 2007. Accordingly, our Minimization Workgroup is beginning the task of reviewing the committees’ recommendations to comply with the Court’s request of the CACR to submit a comprehensive report by December 1, 2007. For the purpose of meeting our charge and objectives in a timely manner, we request that you immediately advise us by return writing of your appointed committee member(s) who can work with us as liaison. As the Court has indicated, we anticipate this further exchange of information will be a cooperative endeavor, with a short turn-around time, all for the purpose of furthering the ultimate objectives of completing the implementation of the Committee’s recommendations. Thank you for your anticipated cooperation and assistance with this vital project serving the interests of justice and access to the courts of the state of Florida.

3

4

Very truly yours, ___________________________ _________________________ Hon. Melanie G. May Murray B. Silverstein Fourth District Court of Appeal Murray B. Silverstein PA West Palm Beach, FL 33402-3315 150 Second Avenue North (561) 242-2028 Wachovia Plaza, Suite 900 (561) 242-2100 Fax (727) 822-7750 [email protected] (727) 822-1855 Fax [email protected] CC: Hon. Judith L. Kreeger, Chair, CACR Hon. Barbara J. Pariente, Liaison to CACR Thomas D. Hall, Clerk, Supreme Court of Florida Steve Henley, Senior Court Operations Consultant, OSCA Deborah J. Meyer, Supreme Court Central Staff Director

mailto:[email protected]

mailto:[email protected]




IN THE SUPREME COURT OF FLORIDA IN RE: REPORT AND RECOMMENDATIONS ) Case No.

OF THE COMMITTEE ON PRIVACY ) AND COURT RECORDS )

REPORT OF THE CIVIL PROCEDURE RULES COMMITTEE

Keith H. Park, Chair of the Civil Procedure Rules Committee of The Florida

Bar, and John F. Harkness, Jr., Executive Director of The Florida Bar, file this out-of-cycle report of proposed changes to the Florida Rules of Civil Procedure, pursuant to Fla. R. Jud. Admin. 2.140(f).

In its Administrative Order in this case dated June 30, 2006, the Supreme Court asked the various Florida Bar rules committees to study whether changes to the rules were needed to implement Recommendations 7 and 10 of the Report and Recommendation of the Committee on Privacy and Court Records (see Appendix D for the referral letters). The Civil Procedure Rules Committee reviewed each civil procedure rule and form and proposes amendments to the rules and forms as shown on the attached table of contents (Appendix A). The voting record of the Committee for the changes is shown on the table of contents. The Committee’s report was submitted to The Florida Bar Board of Governors, and its voting record is also shown on the table of contents. At the direction of the court, the proposals have not been published prior to filing.

The Civil Procedure Rules Committee formed two subcommittees: one to

address Recommendation 7 and one address to Recommendation 10. The subcommittee on Recommendation 7 was charged with reviewing and

revising the civil procedure rules and forms to avoid the filing of personal information not necessary for adjudication or case management. The Committee is recommending in this report adding a new subdivision (f) to rule 1.280, limiting the filing of discovery for privacy reasons. However, rule 1.280 applies only to discovery. The Recommendation 7 subcommittee felt that having a separate rule of general application, which uses the language of proposed rule 1.280(f), seemed to be more effective than micromanaging every single rule. It therefore recommended a new rule 1.020 to apply to all the rules and forms to achieve this goal. The

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majority of the Committee members felt that such a proposal would be overly broad. There was concern about what “information” meant. It could conceivably address any filing in an action, because any filing contains “information.” The Committee voted 39-16 against proposing new rule 1.020. However, to address the concerns that supported proposed rule 1.020, the Committee proposes a redaction rule — proposed new rule 1.191 — discussed below.

Regarding Recommendation 7, the Committee also proposes amending

judgment forms to require only the last four digits of the judgment debtor’s social security number (this affects forms 1.988, 1.990, 1.991, 1.993, 1.994, 1.995, and 1.996). This allows compliance with section 55.10, Florida Statutes (see Appendix D), but the judgment debtor’s entire social security number is not in the public record. Some committee members who voted against these proposed changes were uncomfortable endorsing procedural rules that might expose litigants to sanctions or penalties when there is clear statutory authorization to include the defendant’s full social security number in the final judgment.

The subcommittee on Recommendation 10 was assigned the duty of

considering the possible adoption of new rules or the review of existing rules that would prohibit the unnecessary filing of discovery information with the court. Following the Supreme Court’s recommendations, the subcommittee’s review included a study of Fed. R. Civ. P. 5(d). The subcommittee recommended that the misuse of litigant personal information be addressed at the filing stage, even as it may be similarly addressed by other rulemaking bodies. The subcommittee further unanimously agreed that Fed. R. Civ. P. 5(d) is a valuable model for the consideration of the creation of a rule or rules addressing the Supreme Court’s concern. The subcommittee further concurred that in certain segments of Florida legal practice, there exists a culture of discovery misuse that features the not-infrequent filing of discovery materials unnecessary to the resolution of matters pending before the court, for the purpose of embarrassment, intimidation, or mere perceived tactical advantage. Based on these considerations, the Committee proposes a new rule 1.280(f).

The subcommittee on Recommendation 10 also considered a rule that would

require redaction on all documents filed with the court. The subcommittee asked the Judicial Administration Rules Committee whether it had any such rule under review, and reported back that it did not. The subcommittee was evenly divided about whether to endorse such an idea. Generally, those against a redaction rule thought it too onerous a burden to place on lawyers in terms of both time and money, especially when many documents are submitted with large filings, such as

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depositions in support of summary judgment motions. They also favored instead a rule that would prohibit filing any documents without good cause, with a sanctions provision; argument in favor of such a rule cited ethics rules prohibiting disclosure of any more client information than is necessary to assist the client. On the other hand, arguments in favor of a redaction rule include a general preference for rules with affirmative duties rather than prohibitions with threats of sanctions. There are also concerns that enforcement of a prohibition might be subject to inconsistent enforcement and hesitancy by judges to sanction attorneys. Furthermore, a general prohibition on filing that provides for sanctions has the potential to vastly increase legal sparring, via motion practice for sanctions on whether documents filed in support of motions were necessary, with needless, costly, and time-wasting litigation occurring over procedural matters before the merits are dealt with. Those in favor of a redaction rule also believe that today’s lawyer already needs to be redacting client information, whether required to by rule or not. It certainly is not in the client’s best interests to have personal identifying information filed in the public record, whether or not it is accessible electronically. As for redaction of opposing parties’ private information, most federal courts have local rules requiring redaction, many parties are already entering into confidentiality agreements that require redaction, and the personal experience of many lawyers shows that it is easily manageable. A vote by the full Committee favored a proposed new rule 1.191, although some Committee members felt further discussion was warranted.

The specific changes that the Committee recommends making are as

follows:

Rule 1.191 In order to fully implement the Supreme Court’s intent in protecting privacy and preventing potential identify theft, the Committee proposes a redaction requirement. Limiting the filing of discovery in a case may not fully resolve the privacy and identify theft problems identified by the Supreme Court’s Committee on Privacy and Court Records, in that some information that is obtained outside of discovery is often filed in court records in support of motions before the court. Many federal courts have already imposed a redaction requirement in their local rules. A proposed new Federal Rule 5.2, titled “Privacy Protection for Filing Made with the Court,” has been proposed (see Appendix D), has been subject to public comment, and may become effective as of December 1, 2008.

Rule 1.280(f)

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A new subdivision, titled “Court Filing of Documents and Discovery,” is

added to rule 1.280, tracking the function of Fed. R. Civ. P. 5(d) (see Appendix D). It would prevent the filing of information obtained during discovery unless and until it is filed for good cause.

Rule 1.310(f)

To harmonize rule 1.310(f), regarding filing copies of depositions, with the proposed changes to rule 1.280, a reference is added to filing a deposition “in compliance with rule 1.280(f).”

Rule 1.340(e) To harmonize rule 1.340(e), regarding service and filing of interrogatories to parties, with the proposed changes to rule 1.280, a reference is added to filing a deposition “in compliance with rule 1.280(f).” Rule 1.350(d)

To harmonize rule 1.350(d), regarding filing of documents, with the

proposed changes to rule 1.280, a reference is added to filing a deposition “in compliance with rule 1.280(f).”

Rule 1.988

A change is made to require only the last four digits of the judgment debtor’s social security number, if known, rather than the entire number. Rule 1.990

A change is made to require only the last four digits of the judgment debtor’s social security number, if known, rather than the entire number.

Rule 1.991

A change is made to require only the last four digits of the judgment

debtor’s social security number, if known, rather than the entire number.

Rule 1.993

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A change is made to require only the last four digits of the judgment debtor’s social security number, if known, rather than the entire number. Also, a typographical error in the original opinion adopting the note (see Amendments to the Florida Rules of Civil Procedure, 773 So.2d 1098 (Fla. 2000)) is corrected by changing “Florida statutes” to “Florida Statutes,” to conform to the Supreme Court style guidelines and the other judgment forms.

Rule 1.994 A change is made to require only the last four digits of the judgment debtor’s social security number, if known, rather than the entire number. Also, a typographical error in the original opinion adopting the note (see Amendments to the Florida Rules of Civil Procedure, 773 So.2d 1098 (Fla. 2000)) is corrected by changing “Florida statutes” to “Florida Statutes,” to conform to the Supreme Court style guidelines and the other judgment forms. Rule 1.995 A change is made to require only the last four digits of the judgment debtor’s social security number, if known, rather than the entire number. Rule 1.996 A change is made to require only the last four digits of the judgment debtor’s social security number, if known, rather than the entire number. Paragraph 4 of the form is amended to correct a typographical error that was not in the original adopting opinion (see In re Rules of Civil Procedure, 253 So. 2d 404 (Fla. 1971)). The correction changes “with interest and cost accruing....” to “with interest and costs accruing....”

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Respectfully submitted ______________________, 2007 ___________________________ _____________________________ KEITH H. PARK JOHN F. HARKNESS, JR. Chair, Civil Procedure Rules Committee Executive Director P.O. Box 3563 The Florida Bar West Palm Beach, FL 33402-3563 651 E. Jefferson St. (561) 686-7711 Tallahassee, FL 32399-2300 FLORIDA BAR #0216844 (850) 561-5600 FLORIDA BAR #123390

LIST OF APPENDIXES

Appendix A — Table of Contents Appendix B — Proposed Changes to Rules and Forms in Legislative Format Appendix C — Proposed Changes to Rules in Two-Column Format Appendix D — Background Documents (referral letters; § 55.10, Fla. Stat.; Fed. R. Civ. P. 5; proposed Fed. R. Civ. P. 5.2) Appendix E — Certification that Proposed Rules Have Been Read Against West’s FLORIDA RULES OF COURT

APPENDIX A

Table of Contents

TABLE OF CONTENTS

1.010. SCOPE AND TITLE OF RULES [NO CHANGE] 1.030. NONVERIFICATION OF PLEADINGS [NO CHANGE] 1.040. ONE FORM OF ACTION [NO CHANGE] 1.050. WHEN ACTION COMMENCED [NO CHANGE] 1.060. TRANSFERS OF ACTIONS [NO CHANGE] 1.061. CHOICE OF FORUM [NO CHANGE] 1.070. PROCESS [NO CHANGE] 1.080. SERVICE OF PLEADINGS AND PAPERS [NO CHANGE] 1.090. TIME [NO CHANGE] 1.100. PLEADINGS AND MOTIONS [NO CHANGE] 1.110. GENERAL RULES OF PLEADING [NO CHANGE] 1.120. PLEADING SPECIAL MATTERS [NO CHANGE] 1.130. ATTACHING COPY OF CAUSE OF ACTION [NO CHANGE] AND EXHIBITS 1.140. DEFENSES [NO CHANGE] 1.150. SHAM PLEADINGS [NO CHANGE] 1.160. MOTIONS [NO CHANGE] 1.170. COUNTERCLAIMS AND CROSSCLAIMS [NO CHANGE] 1.180. THIRD-PARTY PRACTICE [NO CHANGE] 1.190. AMENDED AND SUPPLEMENTAL PLEADINGS [NO CHANGE] 1.191. REDACTED FILINGS [NEW RULE] Committee vote: 34-4 Board of Governors vote: 37-0 1.200. PRETRIAL PROCEDURE [NO CHANGE] 1.210. PARTIES [NO CHANGE] 1.220. CLASS ACTIONS [NO CHANGE] 1.221. CONDOMINIUM ASSOCIATIONS [NO CHANGE] 1.222. MOBILE HOMEOWNERS’ ASSOCIATIONS [NO CHANGE] 1.230. INTERVENTIONS [NO CHANGE] 1.240. INTERPLEADER [NO CHANGE] 1.250. MISJOINDER AND NONJOINDER OF PARTIES [NO CHANGE] 1.260. SURVIVOR; SUBSTITUTION OF PARTIES [NO CHANGE] 1.270. CONSOLIDATION; SEPARATE TRIALS [NO CHANGE] 1.280. GENERAL PROVISIONS GOVERNING [AMENDED] DISCOVERY Committee vote: 26-7 Board of Governors vote: 37-0

Appendix A, page 1

1.290. DEPOSITIONS BEFORE ACTION OR [NO CHANGE] PENDING APPEAL 1.300. PERSONS BEFORE WHOM DEPOSITIONS [NO CHANGE] MAY BE TAKEN 1.310. DEPOSITIONS UPON ORAL EXAMINATION [AMENDED] Committee vote: 33-1 Board of Governors vote: 37-0 1.320. DEPOSITIONS UPON WRITTEN QUESTIONS [NO CHANGE] 1.330. USE OF DEPOSITIONS IN COURT [NO CHANGE] PROCEEDINGS 1.340. INTERROGATORIES TO PARTIES [AMENDED] Committee vote: 43-0 Board of Governors vote: 37-0 1.350. PRODUCTION OF DOCUMENTS AND THINGS [AMENDED] AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES Committee vote: 43-0 Board of Governors vote: 37-0 1.351. PRODUCTION OF DOCUMENTS AND THINGS [NO CHANGE] WITHOUT DEPOSITION 1.360. EXAMINATION OF PERSONS [NO CHANGE] 1.370. REQUESTS FOR ADMISSION [NO CHANGE] 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS [NO CHANGE] 1.390. DEPOSITIONS OF EXPERT WITNESSES [NO CHANGE] 1.410. SUBPOENA [NO CHANGE] 1.420. DISMISSAL OF ACTIONS [NO CHANGE] 1.430. DEMAND FOR JURY TRIAL; WAIVER [NO CHANGE] 1.431. TRIAL JURY [NO CHANGE] 1.440. SETTING ACTION FOR TRIAL [NO CHANGE] 1.442. PROPOSALS FOR SETTLEMENT [NO CHANGE] 1.450. EVIDENCE [NO CHANGE] 1.460. CONTINUANCES [NO CHANGE] 1.470. EXCEPTIONS UNNECESSARY [NO CHANGE] 1.480. MOTION FOR A DIRECTED VERDICT [NO CHANGE] 1.481. VERDICTS [NO CHANGE] 1.490. MAGISTRATES [NO CHANGE] 1.500. DEFAULTS AND FINAL JUDGMENTS [NO CHANGE] THEREON 1.510. SUMMARY JUDGMENT [NO CHANGE] 1.520. VIEW [NO CHANGE]

Appendix A, page 2

1.525. MOTIONS FOR COSTS AND [NO CHANGE] ATTORNEYS’ FEES 1.530. MOTIONS FOR NEW TRIAL AND REHEARING; [NO CHANGE] AMENDMENTS OF JUDGMENTS 1.540. RELIEF FROM JUDGMENT, DECREES, [NO CHANGE] OR ORDERS 1.550. EXECUTIONS AND FINAL PROCESS [NO CHANGE] 1.560. DISCOVERY IN AID OF EXECUTION [NO CHANGE] 1.570. ENFORCEMENT OF FINAL JUDGMENTS [NO CHANGE] 1.580. WRIT OF POSSESSION [NO CHANGE] 1.590. PROCESS IN BEHALF OF AND AGAINST [NO CHANGE] PERSONS NOT PARTIES 1.600. DEPOSITS IN COURT [NO CHANGE] 1.610. INJUNCTIONS [NO CHANGE] 1.620. RECEIVERS [NO CHANGE] 1.625. PROCEEDINGS AGAINST SURETY ON [NO CHANGE] JUDICIAL BONDS 1.630. EXTRAORDINARY REMEDIES [NO CHANGE] 1.650. MEDICAL MALPRACTICE PRESUIT [NO CHANGE] SCREENING RULE 1.700. RULES COMMON TO MEDIATION AND [NO CHANGE] ARBITRATION 1.710. MEDIATION RULES [NO CHANGE] 1.720. MEDIATION PROCEDURES [NO CHANGE] 1.730. COMPLETION OF MEDIATION [NO CHANGE] 1.750. COUNTY COURT ACTIONS [NO CHANGE] 1.800. EXCLUSIONS FROM ARBITRATION [NO CHANGE] 1.810. SELECTION AND COMPENSATION OF [NO CHANGE] ARBITRATORS 1.820. HEARING PROCEDURES FOR [NO CHANGE] NON-BINDING ARBITRATION 1.830. VOLUNTARY BINDING ARBITRATION [NO CHANGE] 1.900. FORMS [NO CHANGE] 1.901. CAPTION [NO CHANGE] 1.902. SUMMONS [NO CHANGE] 1.903. CROSSCLAIM SUMMONS [NO CHANGE] 1.904. THIRD-PARTY SUMMONS [NO CHANGE] 1.905. ATTACHMENT [NO CHANGE] 1.906. ATTACHMENT — FORECLOSURE [NO CHANGE] 1.907. GARNISHMENT [NO CHANGE]

Appendix A, page 3

1.908. WRIT OF REPLEVIN [NO CHANGE] 1.909. DISTRESS [NO CHANGE] 1.910. SUBPOENA FOR TRIAL [NO CHANGE] 1.911. SUBPOENA DUCES TECUM FOR TRIAL [NO CHANGE] 1.912. SUBPOENA FOR DEPOSITION [NO CHANGE] 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION [NO CHANGE] 1.914. EXECUTION [NO CHANGE] 1.915. WRIT OF POSSESSION [NO CHANGE] 1.916. REPLEVIN ORDER TO SHOW CAUSE [NO CHANGE] 1.917. NE EXEAT [NO CHANGE] 1.918. LIS PENDENS [NO CHANGE] 1.919. NOTICE OF ACTION; CONSTRUCTIVE [NO CHANGE] SERVICE — NO PROPERTY 1.920. NOTICE OF ACTION; CONSTRUCTIVE [NO CHANGE] SERVICE — PROPERTY 1.921. NOTICE OF PRODUCTION FROM NONPARTY [NO CHANGE] 1.922. SUBPOENA DUCES TECUM [NO CHANGE] WITHOUT DEPOSITION 1.923. EVICTION SUMMONS/RESIDENTIAL [NO CHANGE] 1.932. OPEN ACCOUNT [NO CHANGE] 1.933. ACCOUNT STATED [NO CHANGE] 1.934. PROMISSORY NOTE [NO CHANGE] 1.935. GOODS SOLD [NO CHANGE] 1.936. MONEY LENT [NO CHANGE] 1.937. REPLEVIN [NO CHANGE] 1.938. FORCIBLE ENTRY AND DETENTION [NO CHANGE] 1.939. CONVERSION [NO CHANGE] 1.940. EJECTMENT [NO CHANGE] 1.941. SPECIFIC PERFORMANCE [NO CHANGE] 1.942. CHECK [NO CHANGE] 1.944. MORTGAGE FORECLOSURE [NO CHANGE] 1.945. MOTOR VEHICLE NEGLIGENCE [NO CHANGE] 1.946. MOTOR VEHICLE NEGLIGENCE WHEN [NO CHANGE] PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE 1.947. TENANT EVICTION [NO CHANGE] 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM [NO CHANGE] 1.949. IMPLIED WARRANTY [NO CHANGE] 1.951. FALL-DOWN NEGLIGENCE COMPLAINT [NO CHANGE] 1.960. BOND. GENERAL FORM [NO CHANGE]

Appendix A, page 4

1.961. VARIOUS BOND CONDITIONS [NO CHANGE] 1.965. DEFENSE. STATUTE OF LIMITATIONS [NO CHANGE] 1.966. DEFENSE. PAYMENT [NO CHANGE] 1.967. DEFENSE. ACCORD AND SATISFACTION [NO CHANGE] 1.968. DEFENSE. FAILURE OF CONSIDERATION [NO CHANGE] 1.969. DEFENSE. STATUTE OF FRAUDS [NO CHANGE] 1.970. DEFENSE. RELEASE [NO CHANGE] 1.971. DEFENSE. MOTOR VEHICLE [NO CHANGE] CONTRIBUTORY NEGLIGENCE 1.972. DEFENSE. ASSUMPTION OF RISK [NO CHANGE] 1.976. STANDARD INTERROGATORIES [NO CHANGE] 1.977. FACT INFORMATION SHEET [NO CHANGE] 1.980. DEFAULT [NO CHANGE] 1.981. SATISFACTION OF JUDGMENT [NO CHANGE] 1.982. CONTEMPT NOTICE [NO CHANGE] 1.983. PROSPECTIVE JUROR QUESTIONNAIRE [NO CHANGE] 1.984. JUROR VOIR DIRE QUESTIONNAIRE [NO CHANGE] 1.985. STANDARD JURY INSTRUCTIONS [NO CHANGE] 1.986. VERDICTS [NO CHANGE] 1.988. JUDGMENT AFTER DEFAULT [AMENDED] Committee vote: 32-6 Board of Governors vote: 37-0 1.989. ORDER OF DISMISSAL FOR LACK [NO CHANGE] OF PROSECUTION 1.990. FINAL JUDGMENT FOR PLAINTIFF. [AMENDED] JURY ACTION FOR DAMAGES Committee vote: 32-6 Board of Governors vote: 37-0 1.991. FINAL JUDGMENT FOR DEFENDANT. [AMENDED] JURY ACTION FOR DAMAGES Committee vote: 32-6 Board of Governors vote: 37-0 1.993. FINAL JUDGMENT FOR PLAINTIFF. [AMENDED] GENERAL FORM. NON-JURY Committee vote: 32-6 Board of Governors vote: 37-0 1.994. FINAL JUDGMENT FOR DEFENDANT. [AMENDED] GENERAL FORM. NON-JURY Committee vote: 32-6 Board of Governors vote: 37-0

Appendix A, page 5

Appendix A, page 6

1.995. FINAL JUDGMENT OF REPLEVIN [AMENDED] Committee vote: 32-6 Board of Governors vote: 37-0 1.996. FINAL JUDGMENT OF FORECLOSURE [AMENDED] Committee vote: 32-6 Board of Governors vote: 37-0 1.997. CIVIL COVER SHEET [NO CHANGE] 1.998. FINAL DISPOSITION FORM [NO CHANGE] APPENDIX STANDARD INTERROGATORIES FORMS [NO CHANGE] STATEWIDE UNIFORM GUIDELINES FOR [NO CHANGE] TAXATION OF COSTS IN CIVIL ACTIONS

APPENDIX B

Proposed Changes to Rules and Forms in Legislative Format

RULE 1.191. REDACTED FILINGS (a) Information to Be Redacted. Unless the court orders otherwise, a filing made with the court that includes a social security number or an individual’s tax identification number, a name of a person known to be a minor, a person’s birth date, or a financial account number may include only

(1) the last four digits of the social security number and tax identification number; (2) the minor’s initials; (3) the year of birth; and (4) the last four digits of the financial account number.

(b) Exceptions. The redaction requirement of this rule does not apply to the following:

(1) In foreclosure or forfeiture proceedings, a financial account number that identifies the property alleged to be subject to foreclosure or forfeiture. (2) The record of an administrative or agency proceeding. (3) The record of a court or tribunal whose decision is being reviewed, if that record was not subject to this rule when originally filed.

(c) Motions Not Restricted. This rule does not restrict a party’s right to move for protective order or move to file documents under seal.

Appendix B, page 1

RULE 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY (a) Discovery Methods. 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. Unless the court orders otherwise and under subdivision (c) of this rule, the frequency of use of these methods is not limited, except as provided in rule 1.200 and rule 1.340. (b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: (1) In General. Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. (2) Indemnity Agreements. A party may obtain discovery of the existence and contents of any agreement under which any person may be liable to satisfy part or all of a judgment that may be entered in the action or to indemnify or to reimburse a party for payments made to satisfy the judgment. Information concerning the agreement is not admissible in evidence at trial by reason of disclosure. (3) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that party’s representative, including that party’s attorney, consultant, surety, indemnitor, insurer, or agent, only upon a showing that the party seeking discovery has need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of the materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions,

Appendix B, page 2

opinions, or legal theories of an attorney or other representative of a party con-cerning the litigation. Without the required showing a party may obtain a copy of a statement concerning the action or its subject matter previously made by that party. Upon request without the required showing a person not a party may obtain a copy of a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for an order to obtain a copy. The provisions of rule 1.380(a)(4) apply to the award of expenses incurred as a result of making the motion. For purposes of this paragraph, a statement previously made is a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical, or other recording or transcription of it that is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (4) Trial Preparation: Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision (b)(1) of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: (A) (i) By interrogatories a party may require any other party to identify each person whom the other party expects to call as an expert witness at trial and to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (ii) Any person disclosed by interrogatories or otherwise as a person expected to be called as an expert witness at trial may be deposed in accordance with rule 1.390 without motion or order of court. (iii) A party may obtain the following discovery regarding any person disclosed by interrogatories or otherwise as a person expected to be called as an expert witness at trial: 1. The scope of employment in the pending case and the compensation for such service. 2. The expert’s general litigation experience, including the percentage of work performed for plaintiffs and defendants. 3. The identity of other cases, within a reasonable time period, in which the expert has testified by deposition or at trial.

Appendix B, page 3

4. An approximation of the portion of the expert’s involvement as an expert witness, which may be based on the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness; however, the expert shall not be required to disclose his or her earnings as an expert witness or income derived from other services. An expert may be required to produce financial and business records only under the most unusual or compelling circumstances and may not be compelled to compile or produce nonexistent documents. Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and other provisions pursuant to subdivision (b)(4)(C) of this rule concerning fees and expenses as the court may deem appropriate. (B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in rule 1.360(b) or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means. (C) Unless manifest injustice would result, the court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions (b)(4)(A) and (b)(4)(B) of this rule; and concerning discovery from an expert obtained under subdivision (b)(4)(A) of this rule the court may require, and concerning discovery obtained under subdivision (b)(4)(B) of this rule shall require, the party seeking discovery to pay the other party a fair part of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert. (D) As used in these rules an expert shall be an expert witness as defined in rule 1.390(a). (5) Claims of Privilege or Protection of Trial Preparation Materials. When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection

Appendix B, page 4

(c) Protective Orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires, including one or more of the following: (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place; (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; (5) that discovery be conducted with no one present except persons designated by the court; (6) that a deposition after being sealed be opened only by order of the court; (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; and (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of rule 1.380(a)(4) apply to the award of expenses incurred in relation to the motion. (d) Sequence and Timing of Discovery. Except as provided in subdivision (b)(4) or unless the court upon motion for the convenience of parties and witnesses and in the interest of justice orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not delay any other party’s discovery. (e) Supplementing of Responses. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement the response to include information thereafter acquired. (f) Court Filing of Documents and Discovery. Information obtained during discovery shall not be filed with the court until such time as it is filed for good cause. Compliance with specific mandatory filing requirements of any other rule of procedure shall constitute good cause except that dates of birth, social security numbers, and credit and financial account numbers shall be redacted from documents filed in reliance on this exception. The court shall have authority to impose sanctions for violation of this rule.

Committee Notes

Appendix B, page 5

1972 Amendment. The rule is derived from Federal Rule of Civil Procedure 26 as amended in 1970. Subdivisions (a), (b)(2), and (b)(3) are new. Subdivision (c) contains material from former rule 1.310(b). Subdivisions (d) and (e) are new, but the latter is similar to former rule 1.340(d). Significant changes are made in discovery from experts. The general rearrangement of the discovery rule is more logical and is the result of 35 years of experience under the federal rules. 1988 Amendment. Subdivision (b)(2) has been added to enable discovery of the existence and contents of indemnity agreements and is the result of the enactment of sections 627.7262 and 627.7264, Florida Statutes, proscribing the joinder of insurers but providing for disclosure. This rule is derived from Federal Rule of Civil Procedure 26(b)(2). Subdivisions (b)(2) and (b)(3) have been redesignated as (b)(3) and (b)(4) respectively. The purpose of the amendment to subdivision (b)(3)(A) (renumbered (b)(4)(A)) is to allow, without leave of court, the depositions of experts who have been disclosed as expected to be used at trial. The purpose of subdivision (b)(4)(D) is to define the term “expert” as used in these rules. 1996 Amendment. The amendments to subdivision (b)(4)(A) are derived from the Supreme Court’s decision in Elkins v. Syken, 672 So. 2d 517 (Fla. 1996). They are intended to avoid annoyance, embarrassment, and undue expense while still permitting the adverse party to obtain relevant information regarding the potential bias or interest of the expert witness. Subdivision (b)(5) is added and is derived from Federal Rule of Civil Procedure 26(b)(5) (1993).

Court Commentary 2000 Amendment. Allstate Insurance Co. v. Boecher, 733 So.2d 993, 999 (Fla. 1999), clarifies that subdivision (b)(4)(A)(iii) is not intended “to place a blanket bar on discovery from parties about information they have in their possession about an expert, including the party’s financial relationship with the expert.”

Appendix B, page 6

RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION (a) When Depositions May Be Taken. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition within 30 days after service of the process and initial pleading upon any defendant, except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision (b)(2) of this rule. The attendance of witnesses may be compelled by subpoena as provided in rule 1.410. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. (b) Notice; Method of Taking; Production at Deposition. (1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced under the subpoena shall be attached to or included in the notice. (2) Leave of court is not required for the taking of a deposition by plaintiff if the notice states that the person to be examined is about to go out of the state and will be unavailable for examination unless a deposition is taken before expiration of the 30-day period under subdivision (a). If a party shows that when served with notice under this subdivision that party was unable through the exercise of diligence to obtain counsel to represent the party at the taking of the deposition, the deposition may not be used against that party. (3) For cause shown the court may enlarge or shorten the time for taking the deposition. (4) Any deposition may be recorded by videotape without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with this subdivision. (A) Notice. A party intending to videotape a deposition shall

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state in the notice that the deposition is to be videotaped and shall give the name and address of the operator. (B) Stenographer. Videotaped depositions shall also be recorded stenographically, unless all parties agree otherwise. (C) Procedure. At the beginning of the deposition, the officer before whom it is taken shall, on camera: (i) identify the style of the action, (ii) state the date, and (iii) swear the witness. (D) Custody of Tape and Copies. The attorney for the party requesting the videotaping of the deposition shall take custody of and be responsible for the safeguarding of the videotape, shall permit the viewing of it by the opposing party, and, if requested, shall provide a copy of the videotape at the expense of the party requesting the copy. (E) Cost of Videotaped Depositions. The party requesting the videotaping shall bear the initial cost of videotaping. (5) The notice to a party deponent may be accompanied by a request made in compliance with rule 1.350 for the production of documents and tangible things at the taking of the deposition. The procedure of rule 1.350 shall apply to the request. (6) In the notice a party may name as the deponent a public or private corporation, a partnership or association, or a governmental agency, and designate with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to do so, to testify on its behalf and may state the matters on which each person designated will testify. The persons so designated shall testify about matters known or reasonably available to the organization. This subdivision does not preclude taking a deposition by any other procedure authorized in these rules. (7) On motion the court may order that the testimony at a deposition be taken by telephone. The order may prescribe the manner in which the deposition will be taken. A party may also arrange for a stenographic transcription at that party’s own initial expense. (c) Examination and Cross-Examination; Record of Examination;

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Oath; Objections. Examination and cross-examination of witnesses may proceed as permitted at the trial. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the officer’s direction and in the officer’s presence, record the testimony of the witness, except that when a deposition is being taken by telephone, the witness shall be sworn by a person present with the witness who is qualified to administer an oath in that location. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with subdivision (b)(4) of this rule. If requested by one of the parties, the testimony shall be transcribed at the initial cost of the requesting party and prompt notice of the request shall be given to all other parties. All objections made at time of the examination to the qualifications of the officer taking the deposition, the manner of taking it, the evidence presented, or the conduct of any party, and any other objection to the proceedings shall be noted by the officer upon the deposition. Any objection during a deposition shall be stated concisely and in a nonargumentative and nonsuggestive manner. A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under subdivision (d). Otherwise, evidence objected to shall be taken subject to the objections. Instead of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and that party shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim. (d) Motion to Terminate or Limit Examination. At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, or that objection and instruction to a deponent not to answer are being made in violation of rule 1.310(c), the court in which the action is pending or the circuit court where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of the taking of the deposition under rule 1.280(c). If the order terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of any party or the deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of rule 1.380(a) apply to the award of expenses incurred in relation to the motion. (e) Witness Review. If the testimony is transcribed, the transcript shall be furnished to the witness for examination and shall be read to or by the witness

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unless the examination and reading are waived by the witness and by the parties. Any changes in form or substance that the witness wants to make shall be listed in writing by the officer with a statement of the reasons given by the witness for making the changes. The changes shall be attached to the transcript. It shall then be signed by the witness unless the parties waived the signing or the witness is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within a reasonable time after it is furnished to the witness, the officer shall sign the transcript and state on the transcript the waiver, illness, absence of the witness, or refusal to sign with any reasons given therefor. The deposition may then be used as fully as though signed unless the court holds that the reasons given for the refusal to sign require rejection of the deposition wholly or partly, on motion under rule 1.330(d)(4). (f) Filing; Exhibits. (1) If the deposition is transcribed, the officer shall certify on each copy of the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. Documents and things produced for inspection during the examination of the witness shall be marked for identification and annexed to and returned with the deposition upon the request of a party, and may be inspected and copied by any party, except that the person producing the materials may substitute copies to be marked for identification if that person affords to all parties fair opportunity to verify the copies by comparison with the originals. If the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them and the materials may then be used in the same manner as if annexed to and returned with the deposition. (2) Upon payment of reasonable charges therefor the officer shall furnish a copy of the deposition to any party or to the deponent. (3) A copy of a deposition may be filed only under the following circumstances: (A) It may be filed in compliance with rule 1.280(f) by a party or the witness when the contents of the deposition must be considered by the court on any matter pending before the court. Prompt notice of the filing of the deposition shall be given to all parties unless notice is waived. A party filing the deposition shall furnish a copy of the deposition or the part being filed to other

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parties unless the party already has a copy. (B) If the court determines that a deposition previously taken is necessary for the decision of a matter pending before the court, the court may order that a copy be filed by any party at the initial cost of the party, and the filing party shall comply with rule 1.280(f). (g) Obtaining Copies. A party or witness who does not have a copy of the deposition may obtain it from the officer taking the deposition unless the court orders otherwise. If the deposition is obtained from a person other than the officer, the reasonable cost of reproducing the copies shall be paid to the person by the requesting party or witness. (h) Failure to Attend or to Serve Subpoena; Expenses. (1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred by the other party and the other party’s attorney in attending, including reasonable attorneys’ fees. (2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and the witness because of the failure does not attend and if another party attends in person or by attorney because that other party expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred by that other party and that other party’s attorney in attending, including reasonable attorneys’ fees.

Committee Notes 1972 Amendment. Derived from Federal Rule of Civil Procedure 30 as amended in 1970. Subdivision (a) is derived from rule 1.280(a); subdivision (b) from rule 1.310(a) with additional matter added; the first sentence of subdivision (c) has been added and clarifying language added throughout the remainder of the rule. 1976 Amendment. Subdivision (b)(4) has been amended to allow the taking of a videotaped deposition as a matter of right. Provisions for the taxation of costs and the entry of a standard order are included as well. This new amendment allows

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the contemporaneous stenographic transcription of a videotaped deposition. 1988 Amendment. The amendments to subdivision (b)(4) are to provide for depositions by videotape as a matter of right. The notice provision is to ensure that specific notice is given that the deposition will be videotaped and to disclose the identity of the operator. It was decided not to make special provision for a number of days’ notice. The requirement that a stenographer be present (who is also the person likely to be swearing the deponent) is to ensure the availability of a transcript (although not required). The transcript would be a tool to ensure the accuracy of the videotape and thus eliminate the need to establish other procedures aimed at the same objective (like time clocks in the picture and the like). This does not mean that a transcript must be made. As at ordinary depositions, this would be up to the litigants. Technical videotaping procedures were not included. It is anticipated that technical problems may be addressed by the court on motions to quash or motions for protective orders. Subdivision (c) has been amended to accommodate the taking of depositions by telephone. The amendment requires the deponent to be sworn by a person authorized to administer oaths in the deponent’s location and who is present with the deponent. 1992 Amendment. Subdivision (b)(4)(D) is amended to clarify an ambiguity in whether the cost of the videotape copy is to be borne by the party requesting the videotaping or by the party requesting the copy. The amendment requires the party requesting the copy to bear the cost of the copy. 1996 Amendment. Subdivision (c) is amended to state the existing law, which authorizes attorneys to instruct deponents not to answer questions only in specific situations. This amendment is derived from Federal Rule of Civil Procedure 30(d) as amended in 1993.

Court Commentary 1984 Amendment. Subdivision (b)(7) is added to authorize deposition by telephone, with provision for any party to have a stenographic transcription at that

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party’s own initial expense. Subdivision (d) is changed to permit any party to terminate the deposition, not just the objecting party. Subdivision (e) is changed to eliminate the confusing requirement that a transcript be submitted to the witness. The term has been construed as requiring the court reporter to travel, if necessary, to the witness, and creates a problem when a witness is deposed in Florida and thereafter leaves the state before signing. The change is intended to permit the parties and the court reporter to handle such situations on an ad hoc basis as is most appropriate. Subdivision (f) is the committee’s action in response to the petition seeking amendment to rule 1.310(f) filed in the Supreme Court Case No. 62,699. Subdivision (f) is changed to clarify the need for furnishing copies when a deposition, or part of it, is properly filed, to authorize the court to require a deposition to be both transcribed and filed, and to specify that a party who does not obtain a copy of the deposition may get it from the court reporter unless ordered otherwise by the court. This eliminates the present requirement of furnishing a copy of the deposition, or material part of it, to a person who already has a copy in subdivision (f)(3)(A). Subdivision (f)(3)(B) broadens the authority of the court to require the filing of a deposition that has been taken, but not transcribed. Subdivision (g) requires a party to obtain a copy of the deposition from the court reporter unless the court orders otherwise. Generally, the court should not order a party who has a copy of the deposition to furnish it to someone who has neglected to obtain it when the deposition was transcribed. The person should obtain it from the court reporter unless there is a good reason why it cannot be obtained from the reporter.

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RULE 1.340. INTERROGATORIES TO PARTIES (a) Procedure for Use. Without leave of court, any party may serve upon any other party written interrogatories to be answered (1) by the party to whom the interrogatories are directed, or (2) if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who shall furnish the information available to that party. Interrogatories 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 upon that party. The interrogatories shall not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause. If the supreme court has approved a form of interrogatories for the type of action, the initial interrogatories shall be in the form approved by the court. Other interrogatories may be added to the approved forms without leave of court, so long as the total of approved and additional interrogatories does not exceed 30. Each interrogatory shall be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection shall be stated and signed by the attorney making it. The party to whom the interrogatories are directed shall serve the answers and any objections within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the process and initial pleading upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under rule 1.380(a) on any objection to or other failure to answer an interrogatory. (b) Scope; Use at Trial. Interrogatories may relate to any matters that can be inquired into under rule 1.280(b), and the answers may be used to the extent permitted by the rules of evidence except as otherwise provided in this subdivision. An interrogatory otherwise proper is not objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or calls for a conclusion or asks for information not within the personal knowledge of the party. A party shall respond to such an interrogatory by giving the information the party has and the source on which the information is based. Such a qualified answer may not be used as direct evidence for or impeachment against the party giving the answer unless the court finds it otherwise admissible under the rules of evidence. If a party introduces an answer to an interrogatory, any other party may require that party to introduce any other interrogatory and answer that in fairness ought to be considered with it. (c) Option to Produce Records. When the answer to an interrogatory may be derived or ascertained from the records of the party to whom the

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interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries is a sufficient answer. An answer shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party interrogated, the records from which the answer may be derived or ascertained, or shall identify a person or persons representing the interrogated party who will be available to assist the interrogating party in locating and identifying the records at the time they are produced. (d) Effect on Co-Party. Answers made by a party shall not be binding on a co-party. (e) Service and Filing. Interrogatories shall be arranged so that a blank space is provided after each separately numbered interrogatory. The space shall be reasonably sufficient to enable the answering party to insert the answer within the space. If sufficient space is not provided, the answering party may attach additional papers with answers and refer to them in the space provided in the interrogatories. The interrogatories shall be served on the party to whom the interrogatories are directed and copies shall be served on all other parties. A certificate of service of the interrogatories shall be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories shall be served upon the party originally propounding the interrogatories and a copy shall be served on all other parties by the answering party. The original or any copy of the answers to interrogatories may be filed in compliance with rule 1.280(f) by any party when the court should consider the answers to interrogatories in determining any matter pending before the court. The court may order a copy of the answers to interrogatories filed at any time when the court determines that examination of the answers to interrogatories is necessary to determine any matter pending before the court.

Committee Notes 1972 Amendment. Subdivisions (a), (b), and (c) are derived from Federal Rule of Civil Procedure 33 as amended in 1970. Changes from the existing rule expand the time for answering, permit interrogatories to be served with the initial

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pleading or at any time thereafter, and eliminate the requirement of a hearing on objections. If objections are made, the interrogating party has the responsibility of setting a hearing if that party wants an answer. If the interrogatories are not sufficiently important, the interrogating party may let the matter drop. Subdivision (b) covers the same matter as the present rule 1.340(b) except those parts that have been transferred to rule 1.280. It also eliminates the confusion between facts and opinions or contentions by requiring that all be given. Subdivision (c) gives the interrogated party an option to produce business records from which the interrogating party can derive the answers to questions. Subdivision (d) is former subdivision (c) without change. Former subdivision (d) is repealed because it is covered in rule 1.280(e). Subdivision (e) is derived from the New Jersey rules and is intended to place both the interrogatories and the answers to them in a convenient place in the court file so that they can be referred to with less confusion. The requirement for filing a copy before the answers are received is necessary in the event of a dispute concerning what was done or the appropriate times involved. 1988 Amendment. The word “initial” in the 1984 amendment to subdivision (a) resulted in some confusion, so it has been deleted. Also the total number of interrogatories which may be propounded without leave of court is enlarged to 30 from 25. Form interrogatories which have been approved by the supreme court must be used; and those so used, with their subparts, are included in the total number permitted. The amendments are not intended to change any other requirement of the rule.

Court Commentary 1984 Amendment. Subdivision (a) is amended by adding the reference to approved forms of interrogatories. The intent is to eliminate the burden of unnecessary interrogatories. Subdivision (c) is amended to add the requirement of detail in identifying records when they are produced as an alternative to answering the interrogatory or to designate the persons who will locate the records. Subdivision (e) is changed to eliminate the requirement of serving an original and a copy of the interrogatories and of the answers in light of the 1981 amendment that no longer permits filing except in special circumstances. Subdivision (f) is deleted since the Medical Liability Mediation Proceedings

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have been eliminated.

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RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON 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 writings, drawings, graphs, charts, photographs, phono-records, 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(b) 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(b) and that are in the possession, custody, or control of the party to whom the request is directed; or (3) to permit entry upon designated land or other property in the possession or control of the party upon 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(b). (b) Procedure. 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. The request shall set forth the items to be inspected, either by individual item or category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection or performing the related acts. The party to whom the request is directed shall 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. For each item or category the response shall state that inspection and related activities will be permitted as requested unless the request is objected to, in which event the reasons for the objection shall be stated. If an objection is made to part of an item or category, the part shall be specified. When producing documents, the producing party shall either produce them as they are kept in the usual course of business or shall identify them to correspond with the categories in the request. 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 inspection as requested. (c) Persons Not Parties. This rule does not preclude an independent

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action against a person not a party for production of documents and things and permission to enter upon land. (d) Filing of Documents. Unless required by the court, a party shall not file any of the documents or things produced with the response. Documents or things may be filed in compliance with rule 1.280(f) 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.

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FORM 1.988. JUDGMENT AFTER DEFAULT (a) General Form. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys’ fees:

FINAL JUDGMENT This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, .....(name and address)....., recover from defendant, .....(name and address, and last 4 digits of social security number if known)....., the sum of $.......... with costs in the sum of $.........., that shall bear interest at the rate of .....% a year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge

(b) Form with Interest and Fees. This form is for judgment after default including prejudgment interest and attorneys’ fees recovered:

FINAL JUDGMENT This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, .....(name and address)....., recover from defendant, .....(name and address, and last 4 digits of social security number if known)....., the sum of $.......... on principal, $.......... for attorneys’ fees with costs in the sum of $.........., and prejudgment interest in the sum of $.........., making a total of $.......... that shall bear interest at the rate of .....% a year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge

NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

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Committee Notes 1980 Adoption. This form is new. 2003 Amendment. Subdivision (b) is amended to include prejudgment interest in the total judgment pursuant to Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996).

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FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES

FINAL JUDGMENT Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, .....(name and address)....., recover from defendant, .....(name and address, and last 4 digits of social security number if known)....., the sum of $.......... with costs in the sum of $.........., making a total of $.........., that shall bear interest at the rate of .....% a year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge


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FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES

FINAL JUDGMENT Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, .....(name and address, and last 4 digits of social security number if known)....., take nothing by this action and that defendant, .....(name and address)....., shall go hence without day and recover costs from plaintiff in the sum of $.......... that shall bear interest at the rate of .....% a year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge


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FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM. NON-JURY

FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. (list adjudications in numbered paragraphs) 2. ..................................................

(See note below on name, address, and social security number requirements.)

ORDERED at ....................., Florida, on .....(date)......

Judge

NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida sStatutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

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FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NON-JURY

FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that plaintiff, .....(name and address, and last 4 digits of social security number if known)....., take nothing by this action and that defendant, .....(name and address)....., shall go hence without day and recover costs from plaintiff in the sum of $.......... that shall bear interest at the rate of .....% a year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge

NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida sStatutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

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FORM 1.995. FINAL JUDGMENT OF REPLEVIN NOTE APPLICABLE TO FORMS (a)–(d): The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. (a) Judgment in Favor of Plaintiff when Plaintiff Has Possession.

FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, .....(name and address)....., has the right against defendant, .....(name and address, and last 4 digits of social security if known)....., to retain possession of the following described property:

(list the property and include a value for each item) 2. Plaintiff shall recover from defendant the sum of $.......... as damages for the detention of the property and the sum of $.......... as costs, making a total of $.........., which shall bear interest at the rate of .....% per year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge

NOTE: This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can also recover damages for the wrongful taking and detention of the property, together with costs. Generally these damages are awarded in the form of interest unless loss of use can be proven. Ocala Foundry & Machine Works v. Lester, 49 Fla. 199, 38 So. 51 (1905). If the defendant has possession of part of the property, see form 1.995(b). (b) Judgment in Favor of Plaintiff when Defendant Has Possession.

Appendix B, page 26

FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, .....(name and address)....., has the right against defendant, .....(name and address, and last 4 digits of social security number if known)....., to possession of the following described property:

(list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or 2. Plaintiff shall recover from defendant [if applicable add “and surety on the forthcoming bond”] the sum of $.......... for the value of the property, which shall bear interest at the rate of .....% per year, for which let execution issue. 3. Plaintiff shall recover from defendant the sum of $.......... as damages for the detention of the property and the sum of $.......... as costs, making a total of $.........., which shall bear interest at the rate of .....% per year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge

NOTE: This form applies when the plaintiff prevails on the merits and the defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or the value of the plaintiff’s lien or special interest. The value for purposes of paragraph 2 is either the value of the property or the value of the plaintiff’s lien or special interest. Paragraph 3 of the form provides for damages for detention only against the defendant because the defendant’s surety obligates itself only to ensure forthcoming of the property, not damages for its detention. Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount less the value of the property found by the sheriff. If the plaintiff elects execution for the whole amount, the officer shall release all property taken under the writ.

Appendix B, page 27

If the plaintiff has possession of part of the property, see form 1.995(a). (c) Judgment in Favor of Defendant when Defendant Has Possession under Forthcoming Bond.

FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Defendant, .....(name and address)....., has the right against plaintiff, .....(name and address, and last 4 digits of social security number if known)....., to possession of the following described property:

(list the property and include a value for each item) 2. Defendant retook possession of all or part of the property under a forthcoming bond, and defendant’s attorney has reasonably expended ..... hours in representing defendant in this action and $.......... is a reasonable hourly rate for the services. 3. Defendant shall recover from plaintiff the sum of $.......... for the wrongful taking of the property, costs in the sum of $.........., and attorneys’ fees in the sum of $.........., making a total of $.........., which shall bear interest at the rate of .....% per year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge

NOTE: This form applies when the defendant prevails and the property was retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award of attorneys’ fees. The prevailing defendant may be awarded possession, damages, if any, for the taking of the property, costs, and attorneys’ fees. If the plaintiff has possession of part of the property, see form 1.995(d). (d) Judgment in Favor of Defendant when Plaintiff Has Possession.

FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that:

Appendix B, page 28

1. Defendant, .....(name and address)....., has the right against plaintiff, .....(name and address, and last 4 digits of social security number if known)....., to recover possession of the following described property:

(list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or 2. Defendant shall recover from plaintiff [if applicable add “and surety on plaintiff’s bond”] the sum of $.......... for the value of the property, which shall bear interest at the rate of .....% per year, for which let execution issue. 3. Defendant shall recover from plaintiff the sum of $.......... as damages for detention of the property and the sum of $.......... as costs, making a total of $.........., which shall bear interest at the rate of .....% per year, for which let execution issue. ORDERED at ...................., Florida, on .....(date)......

Judge

NOTE: This form should be used when the defendant prevails but the plaintiff has possession of the property. Section 78.21, Florida Statutes (1995), does not provide for an award of attorneys’ fees when the defendant prevails and possession had been temporarily retaken by the plaintiff. Sections 78.21 and 78.19 allow the defendant to recover the property or its value or the value of the defendant’s special interest. Paragraphs 1 and 2 of the form provide to the defendant the option of obtaining either a writ of possession or execution against the plaintiff and plaintiff’s surety on a money judgment for property not recovered and costs. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the defendant elects the writ of possession for the property and the sheriff is unable to find it or part of it, the defendant may immediately have execution against the plaintiff and surety for the whole amount recovered or the amount less the value of the property found by the sheriff. If the defendant elects execution for the whole amount, the officer shall release all property taken under the writ. If the defendant has possession of part of the property, see form 1.995(c).

Appendix B, page 29

FORM 1.996. FINAL JUDGMENT OF FORECLOSURE

FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, .....(name and address)....., is due .................... as principal, $.......... as interest to date of this judgment, $.......... for title search expense, $.......... for taxes, $.......... for insurance premiums, $.......... for attorneys’ fees, with $.......... for court costs now taxed, less $.......... for undisbursed escrow funds and less $.......... for unearned insurance premiums, under the note and mortgage sued on in this action, making a total sum of $........., that shall bear interest at the rate of .....% a year. 2. Plaintiff holds a lien for the total sum superior to any claim or estate of defendant, .....(name and address, and last 4 digits of social security number if known)....., on the following described property in .................... County, Florida:

(describe property) 3. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on .....(date)....., between 11:00 a.m. and 2:00 p.m. to the highest bidder for cash, except as prescribed in paragraph 4, at the .......... door of the courthouse in .................... County in ...................., Florida, in accordance with section 45.031, Florida Statutes. 4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale. If plaintiff is the purchaser, the clerk shall credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. 5. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 6. On filing the certificate of title defendant and all persons claiming under or against defendant since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and the purchaser at the sale shall be let into possession of the property. 7. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, writs of possession and deficiency judgment. ORDERED at ...................., Florida, on .....(date)......

Appendix B, page 30

Appendix B, page 31

Judge NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims nor for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

Committee Notes 1980 Amendment. The reference to writs of assistance in paragraph 7 is changed to writs of possession to comply with the consolidation of the 2 writs.

APPENDIX C

Proposed Changes to Rules in Two-Column Format

Proposed changes: RULE 1.191. REDACTED FILINGS (a) Information to Be Redacted. Unless the court orders otherwise, a filing made with the court that includes a social security number or an individual’s tax identification number, a name of a person known to be a minor, a person’s birth date, or a financial account number may include only (1) the last four digits of the social security number and tax identification number;

(2) the minor’s initials; (3) the year of birth; and (4) the last four digits of the financial account number.

(b) Exceptions. The redaction requirement of this rule does not apply to the following:

(1) In foreclosure or forfeiture proceedings, a financial account number that identifies the property alleged to be subject to foreclosure or forfeiture. (2) The record of an administrative or agency proceeding. (3) The record of a court or tribunal whose decision is being reviewed, if that record was not subject

Reasons for change: A general redaction rules will prevent private personal information from getting into the public record.

Appendix C, page 1

to this rule when originally filed. (c) Motions Not Restricted. This rule does not restrict a party’s right to move for protective order or move to file documents under seal.

Appendix C, page 2

Proposed changes:

RULE 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY (a) [NO CHANGE] (b) [NO CHANGE] (c) [NO CHANGE] (d) [NO CHANGE] (e) [NO CHANGE] (f) Court Filing of Documents and Discovery. Information obtained during discovery shall not be filed with the court until such time as it is filed for good cause. Compliance with specific mandatory filing requirements of any other rule of procedure shall constitute good cause except that dates of birth, social security numbers, and credit and financial account numbers shall be redacted from documents filed in reliance on this exception. The court shall have authority to impose sanctions for violation of this rule.

Reasons for change: This subdivision is added to ensure that private information is not filed unless necessary. Provision is also made for the court to redact unnecessary private information.

Appendix C, page 3

Proposed changes:

RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION (a) [NO CHANGE] (b) [NO CHANGE] (c) [NO CHANGE] (d) [NO CHANGE] (e) [NO CHANGE] (f) Filing; Exhibits. (1) If the deposition is transcribed, the officer shall certify on each copy of the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. Documents and things produced for inspection during the examination of the witness shall be marked for identification and annexed to and returned with the deposition upon the request of a party, and may be inspected and copied by any party, except that the person producing the materials may substitute copies to be marked for identification if that person affords to all parties fair opportunity to verify the copies by comparison with the originals. If the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them and the materials may then be used in the same manner as if annexed to

Reasons for change:

Appendix C, page 4

and returned with the deposition. (2) Upon payment of reasonable charges therefor the officer shall furnish a copy of the deposition to any party or to the deponent. (3) A copy of a deposition may be filed only under the following circumstances: (A) It may be filed in compliance with rule 1.280(f) by a party or the witness when the contents of the deposition must be considered by the court on any matter pending before the court. Prompt notice of the filing of the deposition shall be given to all parties unless notice is waived. A party filing the deposition shall furnish a copy of the deposition or the part being filed to other parties unless the party already has a copy. (B) If the court determines that a deposition previously taken is necessary for the decision of a matter pending before the court, the court may order that a copy be filed by any party at the initial cost of the party, and the filing party shall comply with rule 1.280(f). (g) [NO CHANGE] (h) [NO CHANGE]

Committee Notes 1972 Amendment. Derived from Federal Rule of Civil Procedure 30 as amended in 1970. Subdivision (a) is derived from rule 1.280(a); subdivision (b) from rule 1.310(a) with additional matter added; the first sentence of subdivision (c) has

To harmonize rule 1.310(f) with the proposed changes to rule 1.280, references are added to filing a deposition in compliance with rule 1.280(f).

Appendix C, page 5

been added and clarifying language added throughout the remainder of the rule. 1976 Amendment. Subdivision (b)(4) has been amended to allow the taking of a videotaped deposition as a matter of right. Provisions for the taxation of costs and the entry of a standard order are included as well. This new amendment allows the contemporaneous stenographic transcription of a videotaped deposition. 1988 Amendment. The amendments to subdivision (b)(4) are to provide for depositions by videotape as a matter of right. The notice provision is to ensure that specific notice is given that the deposition will be videotaped and to disclose the identity of the operator. It was decided not to make special provision for a number of days’ notice. The requirement that a stenographer be present (who is also the person likely to be swearing the deponent) is to ensure the availability of a transcript (although not required). The transcript would be a tool to ensure the accuracy of the videotape and thus eliminate the need to establish other procedures aimed at the same objective (like time clocks in the picture and the like). This does not mean that a transcript must be made. As at ordinary depositions, this would be up to the litigants. Technical videotaping procedures were not included. It is anticipated that technical problems may be addressed by the court on motions to quash or motions for protective orders. Subdivision (c) has been amended to accommodate the taking of depositions by telephone. The amendment requires the

Appendix C, page 6

deponent to be sworn by a person authorized to administer oaths in the deponent’s location and who is present with the deponent. 1992 Amendment. Subdivision (b)(4)(D) is amended to clarify an ambiguity in whether the cost of the videotape copy is to be borne by the party requesting the videotaping or by the party requesting the copy. The amendment requires the party requesting the copy to bear the cost of the copy. 1996 Amendment. Subdivision (c) is amended to state the existing law, which authorizes attorneys to instruct deponents not to answer questions only in specific situations. This amendment is derived from Federal Rule of Civil Procedure 30(d) as amended in 1993.

Court Commentary 1984 Amendment. Subdivision (b)(7) is added to authorize deposition by telephone, with provision for any party to have a stenographic transcription at that party’s own initial expense. Subdivision (d) is changed to permit any party to terminate the deposition, not just the objecting party. Subdivision (e) is changed to eliminate the confusing requirement that a transcript be submitted to the witness. The term has been construed as requiring the court reporter to travel, if necessary, to the witness, and creates a problem when a witness is deposed in Florida and thereafter leaves the state before signing. The change is intended to permit the parties and the court reporter to handle such situations on an ad hoc basis as is most appropriate.

Appendix C, page 7

Subdivision (f) is the committee’s action in response to the petition seeking amendment to rule 1.310(f) filed in the Supreme Court Case No. 62,699. Subdivision (f) is changed to clarify the need for furnishing copies when a deposition, or part of it, is properly filed, to authorize the court to require a deposition to be both transcribed and filed, and to specify that a party who does not obtain a copy of the deposition may get it from the court reporter unless ordered otherwise by the court. This eliminates the present requirement of furnishing a copy of the deposition, or material part of it, to a person who already has a copy in subdivision (f)(3)(A). Subdivision (f)(3)(B) broadens the authority of the court to require the filing of a deposition that has been taken, but not transcribed. Subdivision (g) requires a party to obtain a copy of the deposition from the court reporter unless the court orders otherwise. Generally, the court should not order a party who has a copy of the deposition to furnish it to someone who has neglected to obtain it when the deposition was transcribed. The person should obtain it from the court reporter unless there is a good reason why it cannot be obtained from the reporter.

Appendix C, page 8

Proposed changes:

RULE 1.340. INTERROGATORIES TO PARTIES (a) [NO CHANGE] (b) [NO CHANGE] (c) [NO CHANGE] (d) [NO CHANGE] (e) Service and Filing. Interrogatories shall be arranged so that a blank space is provided after each separately numbered interrogatory. The space shall be reasonably sufficient to enable the answering party to insert the answer within the space. If sufficient space is not provided, the answering party may attach additional papers with answers and refer to them in the space provided in the interrogatories. The interrogatories shall be served on the party to whom the interrogatories are directed and copies shall be served on all other parties. A certificate of service of the interrogatories shall be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories shall be served upon the party originally propounding the interrogatories and a copy shall be served on all other parties by the answering party. The original or any copy of the answers to interrogatories may be filed in compliance with rule 1.280(f) by any party when the court should consider the answers to interrogatories in determining any matter pending before the court. The court may order a copy of the answers to interrogatories filed at any time when the court determines that examination of the answers to interrogatories is necessary to

Reasons for change: To harmonize rule 1.340(e) with the proposed changes to rule 1.280, a reference is added to filing a deposition “in compliance with rule 1.280(f).”

Appendix C, page 9

determine any matter pending before the court.

Appendix C, page 10

Appendix C, page 11

Proposed changes:

RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES (a) [NO CHANGE] (b) [NO CHANGE] (c) [NO CHANGE] (d) Filing of Documents. Unless required by the court, a party shall not file any of the documents or things produced with the response. Documents or things may be filed in compliance with rule 1.280(f) when they should be considered by the court in determining a matter pending before the court.

Reasons for change: To harmonize rule 1.350(d) with the proposed changes to rule 1.280, a reference is added to filing a deposition “in compliance with rule 1.280(f).”

APPENDIX D

Background Documents (referral letters; § 55.10, Fla. Stat.; Fed. R. Civ. P. 5; proposed Fed. R. Civ. P. 5.2)

July 27, 2006 Mr. Keith H. Park Chair, Civil Procedure Rules Committee P.O. Box 3563 West Palm Beach, Florida 33402-3563 Mr. William C. Vose Chair, Criminal Procedure Rules Committee 1104 Bahama Drive Orlando, Florida 32806-1440 Mr. John Fraser Himes Chair, Family Law Rules Committee Himes & Boire, P.A. 101 E. Kennedy Boulevard, Suite 2430 Tampa, Florida 33602-5895 Mr. Gary D. Fox Chair, Rules of Judicial Administration Committee One S.E. 3rd Ave., Suite 3000 Miami, Florida 33131-1711 Ms. Mary K. Wimsett Chair, Juvenile Court Rules Committee Guardian Ad Litem Program 1132 N.W. 58th Terrace Gainesville, Florida 32605-4477 Mr. Peter A. Sachs Chair, Probate Rules Committee 505 S. Flagler Drive, Suite 1100 West Palm Beach, Florida 33401

Appendix D, page 1

The Honorable Pauline M. Drayton Chair, Small Claims Rules Committee Duval County Court 330 E. Bay Street Jacksonville, Florida 32202-2921

Mr. Peter A. Sartes II Chair, Traffic Court Rules Committee 600 Cleveland Street, Suite 700 Clearwater, Florida 33755-4158

Re: Report and Recommendations of the Committee on Privacy and Court Records — Recommendation Ten: Duty to Protect Discovery Information

Dear Rules Committee Chairs: I am writing to you in follow up to Administrative Order Implementation of Report and Recommendations of the Committee on Privacy and Court Records, Fla. Admin. Order No. AOSC06-20 (June 30, 2006), which refers to your committees Recommendation Ten contained in the report of the Committee on Privacy and Court Records. For your convenience, I have enclosed a copy of the administrative order and the report. The full report can be found on the Court's website at http://www.f1courts.org/gen_public/stratplan/privacy.shtml.

Recommendation Ten urges the Court to adopt a rule of procedure that would require attorneys and litigants to refrain from filing discovery information with the court until such time as it is filed for good cause. In connection with that recommendation, the committee reported that

[it] considered the problem of the routine and sometimes gratuitous filing of information that has been disclosed pursuant to a discovery order. The Committee notes that compelled discovery is an exercise of state power subject to restraint by the right of privacy provided in Section 23 of Article I of the Florida Constitution, which has been held to protect citizens from intrusion any greater than necessary to achieve the state interest. The Committee urges that parties who gain possession of information pursuant to compelled discovery should protect the fruits of discovery, and should be constrained from

Appendix D, page 2

publishing discovery material into a court file unless and until such time as the information may be properly filed for good cause.

Report at 56. Therefore, in order to protect discovery materials, the committee recommended that

the Supreme Court direct the creation of a rule of procedure that would require attorneys and litigants to refrain from filing discovery information with the court until such time as it is filed for good cause. The court shall have authority to sanction an attorney or party for violation of this rule.

Report at 56. In response to this recommendation, Administrative Order No. AOSC06-20 at 16 asks your committees to “study whether rules exist or rules should be adopted that would require attorneys and litigants to refrain from filing discovery information with the court until such time as it is filed for good cause.”

Your committees should work together to study this issue and make recommendations to the Court. Your joint out-of-cycle report or individual reports should be filed with my office by April 1, 2007. If you need more time to consider this matter, please file requests for an extension with my office.

Thank you in advance for your attention to this matter. Should you have any questions, please do not hesitate to contact me.

Most cordially,

By: /s/ Barbara Harley-Price Deputy Clerk Thomas D. Hall

Enclosures

TDH/dm/sb

cc: Chief Justice R. Fred Lewis Jon Mills, Chair, Committee on Privacy and Court Records Lisa Goodner, State Courts Administrator Ellen Sloyer, Bar Staff Liaison

Appendix D, page 3

Madel on Horwich, Bar Staff Liaison Gerry Rose, Bar Staff Liaison Craig Shaw, Bar Staff Liaison Ann Chittenden, Bar Staff Liaison Deborah J. Meyer, Director of Central Staff

Appendix D, page 4

July 27, 2006

Mr. Edward M. Mullins Chair, Appellate Court Rules Committee 701 Brickell Ave., Floor 16 Miami, Florida 33131-2801

Mr. Keith H. Park Chair, Civil Procedure Rules Committee P. O. Box 3563 West Palm Beach, Florida 33402-3563

Mr. William C. Vose Chair, Criminal Procedure Rules Committee 1104 Bahama Dr. Orlando, Florida 32806-1440

Mr. Gary D. Fox Chair, Rules of Judicial Administration Committee One S.E. 3rd Ave., Suite 3000 Miami, Florida 33131-1711

Mr. Mary K. Wimsett Chair, Juvenile Court Rules Committee Guardian Ad Litem Program 1132 N.W. 58th Terr. Gainesville, Florida 32605-4477

Mr. Peter A. Sachs

Chair, Probate Rules Committee 505 S. Flagler Dr., Suite 1100 West Palm Beach, Florida 33401

Hon. Pauline M. Drayton Chair, Small Claims Rules Committee Duval County Court 330 E. Bay St. Jacksonville, Florida 32202-2921

Peter A. Sartes II

Appendix D, page 5

Chair, Traffic Court Rules Committee 600 Cleveland St., Suite 700 Clearwater, Florida 33755-4158 Re: Report and Recommendations of the Committee on Privacy and Court

Records —Recommendation Seven: Revision of Rules and Forms Leading to Extraneous Personal Information.

Dear Rules Committee Chairs:

I am writing to you in follow up to Administrative Order Implementation of Report and Recommendations of the Committee on Privacy and Court Records, Fla. Admin. Order No. AOSC06-20 (June 30, 2006), which refers to your committees Recommendation Seven contained in the report of the Committee on Privacy and Court Records. For your convenience, I have enclosed a copy of the administrative order and the report. The full report can be found on the Court's website at http://www.flcourts.org/gen_public/stratplan/privacy.shtml.

Recommendation Seven urges the review and revision of all rules and forms to avoid the filing of personal information that is not necessary for adjudication or case management. The committee reported that it

determined that a systematic review of court rules and approved forms would reveal that a number of rules and forms are written in ways that lead to routine filing of personal information which is not needed by the court for purposes of adjudication or case management.

Report at 53. The committee therefore recommended that the Court

direct a comprehensive judicial branch initiative to review and revise rules of court and approved court forms across all case types for the purpose of modifying rules and forms to avoid the filing of personal information which is not necessary for adjudication or case management.

Report at 53.

To implement Recommendation Seven, Administrative Order No. AOSC06- 20 at 15 asks your committees to review their respective bodies of rules and forms

Appendix D, page 6

and to propose amendments to the rules and forms consistent with this recommendation.

Please file out-of-cycle reports of your proposed amendments with my office by April 1, 2007. If you need more time to consider this matter, please file a request for an extension with my office.

Thank you in advance for your attention to this matter. Should you have any questions, please do not hesitate to contact me.

Most cordially, By: /s/ Barbara Harley-Price Deputy Clerk Thomas D. Hall Enclosures

TDH/dm/sb

cc: Chief Justice R. Fred Lewis Jon Mills, Chair, Committee on Privacy and Court Records Lisa Goodner, State Courts Administrator Ellen Sloyer, Bar Staff Liaison Joanna Mauer, Bar Staff Liaison Madelon Horwich, Bar Staff Liaison Gerry Rose, Bar Staff Liaison Craig Shaw, Bar Staff Liaison Ann Chittenden, Bar Staff Liaison Deborah J. Meyer, Director of Central Staff

Appendix D, page 7

55.01 Judgments; general form.--

(1) In all actions where either party recovers a sum of money, the amount to which he or she is entitled may be awarded by the judgment generally, without any distinction being therein made as to whether such sum is recovered by way of debt or damages.

(2) Each final judgment shall contain thereon the address and the social security number, if known to the prevailing party, of each person against whom judgment is rendered. Errors in names, addresses, or social security numbers or failure to include same shall in no way affect the validity or finality of a final judgment.

History.--s. 40, ch. 1096, 1861; RS 1171; GS 1598; RGS 2800; CGL 4486; s. 9, ch. 67-254; s. 1, ch. 79-387; s. 9, ch. 93-250; s. 293, ch. 95-147.

Appendix D, page 8

Rule 5. Service and Filing of Pleadings and Other Papers (a) Service: When required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4. In an action begun by seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim, or appearance shall be made upon the person having custody or possession of the property at the time of its seizure. (b) Making Service. (1) Service under Rules 5(a) and 77(d) on a party represented by an attorney is made on the attorney unless the court orders service on the party. (2) Service under Rule 5(a) is made by: (A) Delivering a copy to the person served by: (i) handing it to the person; (ii) leaving it at the person's office with a clerk or other person in charge, or if no one is in charge leaving it in a conspicuous place in the office; or (iii) if the person has no office or the office is closed, leaving it at the person's dwelling house or usual place of abode with someone of suitable age and discretion residing there. (B) Mailing a copy to the last known address of the person served. Service by mail is complete on mailing. (C) If the person served has no known address, leaving a copy with the clerk of the court. (D) Delivering a copy by any other means, including electronic means, consented to in writing by the person served. Service by electronic means is complete on transmission; service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery. If authorized by local rule, a party may make service under this subparagraph (D) through the court's transmission facilities. (3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted service did not reach the person to be served. (c) Same: Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it

Appendix D, page 9

https://web2.westlaw.com/find/default.wl?rp=%2ffind%2fdefault.wl&vc=0&DB=1004365&DocName=USFRCPR4&FindType=L&AP=&fn=_top&rs=WLW7.02&mt=Westlaw&vr=2.0&sv=Full


to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs. (d) Filing; Certificate of Service. All papers after the complaint required to be served upon a party, together with a certificate of service, must be filed with the court within a reasonable time after service, but disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: (i) depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon land, and (iv) requests for admission. (e) Filing with the Court Defined. The filing of papers with the court as required by these rules shall be made by filing them with the clerk of court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. A court may by local rule permit or require papers to be filed, signed, or verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference of the United States establishes. A local rule may require filing by electronic means only if reasonable exceptions are allowed. A paper filed by electronic means in compliance with a local rule constitutes a written paper for the purpose of applying these rules. The clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices.

Appendix D, page 10


COMMITTEE ON RULES OF PRACTICE AND PROCEDURE OF THE

JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544

DAVID F. LEVI CHAIRS OF ADVISORY COMMITTEES CHAIR SAMUEL A. ALITO, JR. PETER G. McCABE APPELLATE RULES SECRETARY THOMAS S. ZILLY BANKRUPTCY RULES LEE H. ROSENTHAL CIVIL RULES SUSAN C. BUCKLEW CRIMINAL RULES JERRY E. SMITH EVIDENCE RULES To: Honorable David F. Levi, Chair, Standing Committee on Rules of Practice and Procedure From: Honorable Lee H. Rosenthal, Chair, Advisory Committee on the Federal Rules of Civil Procedure Date: May 27, 2005 Re: Report of the Civil Rules Advisory Committee

Introduction * * * * *

Part II recommends publication for comment of a new Rule 5.2, the Civil Rules version of the E-Government Act rules. The Appellate, Bankruptcy, and Criminal Rules Advisory Committees have made similar recommendations.

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II. Action Items: Rule Amendment Recommended for Publication for Comment The Advisory Committee recommends publication for comment of new Rule 5.2:

Appendix D, page 11

PROPOSED AMENDMENT TO THE FEDERAL RULES OF CIVIL PROCEDURE* Rule 5.2. Privacy Protection For Filings Made with the Court** 1 (a) Redacted Filings. Unless the court orders otherwise, an 2 electronic or paper filing made with the court that includes a 3 social security number or an individual’s tax identification 4 number, a name of a person known to be a minor, a person’s 5 birth date, or a financial account number may include only: 6 (1) the last four digits of the social security number and 7 tax identification number; 8 (2) the minor’s initials: 9 (3) the year of birth: and 10 (4) the last four digits of the financial account number. 11 (b) Exemptions from the Redaction Requirement. The 12 redaction requirement of Rule 5.2(a) does not apply to the 13 following: ___________________________ *New material is underlined. **Amendments proposed to the Bankruptcy, Civil, and Criminal Rules implementing the E-Government Act and the Judicial Conference privacy policy are included in a side-by-side comparison chart on page 159.

Appendix D, page 12

FEDERAL RULES OF CIVIL PROCEDURE 2 15 (1) in a forfeiture proceeding, a financial account number 16 that identifies the property alleged to be subject to 17 forfeiture: 18 (2) the record of an administrative or agency proceeding; 19 (3) the official record of a state-court proceeding: 20 (4) the record of a court or tribunal whose decision is 21 being reviewed, if that record was not subject to Rule 22 5.2(a) when originally filed: 23 (5) a filing covered by Rule 5.2(c) or (d): and 24 (6) a filing made in an action brought under 28 U.S.C. 25 § 2241. 2254. or 2255. 26 (c) Limitations on Remote Access to Electronic Files; 27 Social Security Appeals and Immigration Cases. Unless 28 the court orders otherwise, in an action for benefits under the 29 Social Security Act, and in an action or proceeding relating to 30 an order of removal, relief from removal, or immigration 31 benefits or detention, access to an electronic file is authorized 32 as follows:

Appendix D, page 13

3 FEDERAL RULES OF CIVIL PROCEDURE 33 (1) the parties and their attorneys may have remote 34 electronic access to any part of the case file, including the 35 administrative record; 36 (2) any other person may have electronic access to the 37 full record at the courthouse, but may have remote 38 electronic access only to: 39 (A) the docket maintained by the court: and 40 (B) an opinion, order, judgment or other disposition 41 of the court, but not any other part of the case file or 42 the administrative record. 43 (d) Filings Made Under Seal. The court may order that a 44 filing be made under seal without redaction. The court may 45 later unseal the filing or order the person who made the filing 46 to file a redacted version for the public record. 47 (e) Protective Orders. If necessary to protect private or 48 sensitive information that is not otherwise protected under 49 Rule 5.2(a). a court may by order in a case: 50 (1) require redaction of additional information; or 51 (2) limit or prohibit remote electronic access by a 52 nonparty to a document filed with the court.

Appendix D, page 14

FEDERAL RULES OF CIVIL PROCEDURE 4 53 (f) Option for Additional Unredacted Filing Under Seal. 54 A party making a redacted filing under Rule 5.2(a) may also 55 file an unredacted copy under seal. The court must retain the 56 unredacted copy as part of the record. 57 (g) Option for Filing a Reference List. A filing that contains 58 information redacted under Rule 5.2(a) may be filed together 59 with a reference list that identifies each item of redacted 60 information and specifies an appropriate identifier that 61 uniquely corresponds to each item of redacted information 62 listed. The reference list must be filed under seal and may be 63 amended as of right. Any reference in the case to an identifier 64 in the reference list will be construed to refer to the 65 corresponding item of information. 66 (h) Waiver of Protection of Identifiers. A party waives the 67 protection of Rule 5.2(a) as to the party’s own information to 68 the extent that the party files such information not under seal 69 and without redaction. Committee Note The rule is adopted in compliance with section 205(c)(3) of the E-Government Act of 2002, Public Law No. 107-347. Section 205(c)(3) requires the Supreme Court to prescribe rules “to protect

Appendix D, page 15

5 FEDERAL RULES OF CIVIL PROCEDURE privacy and security concerns relating to electronic filing of documents and the public availability ... of documents filed electronically.” The rule goes Further than the E-Government Act in regulating paper filings even when they are not converted to electronic form. But the number of filings that remain in paper form is certain to diminish over time. Most districts scan paper filings into the electronic case file, where they become available to the public in the same way as documents initially filed in electronic form. It is electronic availability, not the form of the initial filing, that raises the privacy and security concerns addressed in the E-Government Act. The rule is derived from and implements the policy adopted by the Judicial Conference in September 2001 to address the privacy concerns resulting from public access to electronic case files. See http://www.privacy.uscourts.gov/Policv.htm. The Judicial Conference policy is that documents in case files generally should be made available electronically to the same extent they are available at the courthouse, provided that certain “personal data identifiers” are not included in the public file. While providing for the public filing of some information, such as the last four digits of an account number, the rule does not intend to establish a presumption that this information never could or should be protected. For example, it may well be necessary in individual cases to prevent remote access by nonparties to any part of an account number or social security number. It may also be necessary to protect information not covered by the redaction requirement—such as driver’s license numbers and alien registration numbers — in a particular case. In such cases, the party may seek protection under subdivision (d) or (e). Moreover, the rule does not affect the protection available under other rules, such as Civil Rules 16 and 26(c), or under other sources of protective authority. Parties must remember that any personal information not otherwise protected by sealing or redaction will be made available over the internet. Counsel should notify clients of this fact so that an informed decision may be made on what information is to be included in a document filed with the court.

Appendix D, page 16

FEDERAL RULES OF CIVIL PROCEDURE 6 The clerk is not required to review documents filed with the court for compliance with this rule. The responsibility to redact filings rests with counsel and the parties. Subdivision (c) provides for limited public access in Social Security cases and immigration cases. Those actions are entitled to special treatment due to the prevalence of sensitive information and the volume of filings. Remote electronic access by nonparties is limited to the docket and the written dispositions of the court unless the court orders otherwise. The rule contemplates, however, that nonparties can obtain full access to the case file at the courthouse, including access through the court’s public computer terminal. Subdivision (d) reflects the interplay between redaction and filing under seal. It does not limit or expand the judicially developed rules that govern sealing. But it does reflect the possibility that redaction may provide an alternative to sealing. Subdivision (e) provides that the court can by order in a particular case require more extensive redaction than otherwise required by the rule, where necessary to protect against disclosure to nonparties of sensitive or private information. Nothing in this subdivision is intended to affect the limitations on sealing that are otherwise applicable to the court. Subdivision (f) allows a party who makes a redacted filing to file an unredacted document under seal. This provision is derived from section 205(c)(3)(iv) of the E-Government Act. Subdivision (g) allows parties to file a register of redacted information. This provision is derived from section 205(c)(3)(v) of the E-Government Act, as amended in 2004. In accordance with the E-Government Act, subdivision (g) refers to “redacted” information. The term “redacted” is intended to govern a filing that is prepared with abbreviated identifiers in the first instance, as well as a filing in which a personal identifier is edited after its preparation. Subdivision (h) allows a party to waive the protections of the rule as to its own personal information by filing it unsealed and in unredacted form. A party may wish to waive the protection if it

Appendix D, page 17

Appendix D, page 18

7 FEDERAL RULES OF CIVIL PROCEDURE determines that the costs of redaction outweigh the benefits to privacy. If a party files an unredacted identifier by mistake, it may seek relief from the court. Trial exhibits are subject to the redaction requirements of Rule 5.2 to the extent they are filed with the court. Trial exhibits that are not initially filed with the court must be redacted in accordance with the rule if and when they are filed as part of an appeal or for other reasons.

APPENDIX E

Certification that Proposed Rules Have Been Read Against West’s FLORIDA RULES OF COURT

READ-AGAINST CERTIFICATION I certify that these rules and forms were read against West’s Florida Rules of Court – State (2006). Madelon Horwich, Legal Editor Legal Publications The Florida Bar

Appendix E, page 1

IN THE SUPREME COURT OF FLORIDA IN RE: REPORT AND RECOMMENDATIONS OF THE COMMITTEE ON PRIVACY AND COURT RECORDS CASE NO:

REPORT OF THE FLORIDA

PROBATE RULES COMMITTEE

Peter A. Sachs, Chair, Florida Probate Rules Committee, and John F. Harkness, Jr., Executive Director, The Florida Bar, file this report of the Florida Probate Rules Committee (FPRC) under Fla. R. Jud. Admin. 2.140(f), as requested by the Court in two letters from Thomas D. Hall, Clerk, Supreme Court of Florida, dated July 27, 2006. In those letters (see Appendix C), the Court requested that the FPRC review Recommendation Seven and Recommendation Ten of the Report and Recommendations of the Committee on Privacy and Court Records (Privacy Report). These recommendations are addressed in separate sections below.

RECOMMENDATION SEVEN

Recommendation Seven urges a review and revision of rules of court and forms across all case types to avoid the filing of personal information not necessary for adjudication or case management. The FPRC has considered the Florida Probate Rules in light of the Privacy Report, as well as applicable Florida Statutes, including, but not limited to, section 119.071, Florida Statutes. The FPRC has determined that three of the Florida Probate Rules, those being 5.200(b), 5.210(b), and 5.260(b), either require or permit the decedent’s social security number to be set forth in petitions or a caveat that are filed in court files that are available to the public, and, with respect to the petitions, are recorded by the clerk in the public records of the county in which they are filed. The FPRC has determined that rules 5.200(b), 5.210(b), and 5.260(b) should be amended to require that the decedent’s social security number be redacted to include only the last four digits. The FPRC finds it necessary that 5.200(b), 5.210(b), and 5.260(b) require that the last four digits of a decedent’s social security number be contained in the petitions or caveat to better identify the decedent, given decedents with common names. Aside from these three changes, the FPRC has determined that no further revisions to the Florida Probate Rules are required based upon either the Privacy Report or applicable Florida Statutes. The FPRC

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approved the amendments to rules 5.200(b), 5.210(b), and 5.260(b) by a vote of 19-0 on March 6, 2007.

RECOMMENDATION TEN

Recommendation Ten of the Privacy Report urges the Court to adopt a rule of procedure that would require attorneys and litigants to refrain from filing discovery information with the court until such time as it is filed for good cause. On January 19, 2007, the FPRC voted 25-0 to recommend to the Court that no rule changes be made to the Florida Probate Rules in response to Recommendation Ten inasmuch as the Probate Rules incorporate the Florida Rules of Civil Procedure as to adversarial matters. See Fla. Prob. R. 5.080.

The text of the amendments in response to Recommendation Seven, in both full-page format (see Appendix A) and two-column format (see Appendix B), is attached to this report. At the direction of the Court, the proposals have not been published prior to filing.

The Florida Bar Board of Governors reviewed this report and concurred in the recommendations by a vote of 27-0 on March 30, 2007.

Wherefore, the FPRC requests that the Court amend the Florida Probate Rules as outlined in this report.

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Respectfully submitted on April 2, 2007, /s/ Peter A. Sachs /s/ John F. Harkness, Jr. PETER A. SACHS JOHN F. HARKNESS, JR. Chair Executive Director Florida Probate Rules Committee The Florida Bar P. O. Box 3475 651 East Jefferson Street West Palm Beach, FL 33402-3475 Tallahassee, FL 32399-2300 561/650-0476 850/561-5600 Florida Bar No. 349062 Florida Bar No. 123390

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CERTIFICATE OF SERVICE I certify that a copy of the foregoing was furnished by United States mail to: Lisa Goodner, Office of the State Courts Administrator, 500 S. Duval St., Tallahassee, FL 32399-6556; and Jon Mills, Chair, Committee on Privacy and Court Records, P.O. Box 2099, Gainesville, FL 32602-2099, on April 2, 2007.

CERTIFICATE OF COMPLIANCE

I certify that these rules were read against West’s Florida Rules of Court – State (2006). I certify that this report was prepared in MS Word using 14 point Times New Roman font. /s/ J. Craig Shaw J. Craig Shaw Staff Liaison, Florida Probate Rules Committee The Florida Bar