New Discovery Rules: What Litigators Must Know to Avoid Sanctions

All individuals and civil litigation attorneys filing a lawsuit in 2025 are well-advised to heed new rules requiring delivery of “Initial Discovery Disclosures” to the other side within 60 days.

The new rules require parties to proactively disclose potential witnesses, evidence, documents, and any insurance coverage, along with a computation of the damages claimed, within 60 days of the service of the complaint. The initial discovery disclosures requirement applies to all parties, not just to the Plaintiff who brought the litigation.

Parties must disclose such potential evidence or risk that their own evidence and claims may be stricken by the court, as set forth in further detail below.

This reflects the judiciary’s efforts to expedite cases, conserve judicial resources, and reduce the costs of litigation to parties.

Certain types of cases are exempt from initial discovery disclosures, such as trust and estate proceedings, guardianships, and certain family law proceedings, as set forth further below.

The Rule

As of January 1, 2025, the Florida Supreme Court implemented sweeping reforms to the civil docket’s discovery and trial process.

Among these changes was the imposition of Initial Discovery Disclosures. These disclosures must be made for all cases filed after January 1, 2025. Notably, this is unlike certain other rule changes promulgated by the Florida Supreme Court, which apply to all cases pending as of January 1, 2025.[1]

The Initial Discovery Disclosures are an entirely new requirement set forth in Florida Rule of Civil Procedure 1.280(a), not a modification of an existing discovery requirement.[2] The Rule requires that a party must disclose:

A. the names, addresses, phone number, and email addresses of any individual likely to have discoverable information,

B. a copy (or description) of all documents and things that it has in its possession, custody, or control that it may use to support its claims or defenses or, if not in the party’s possession, custody, or control, a description by category and location of such information,

C. a computation of damages claimed, and

D. a copy of any insurance agreement that may apply to the case. See Florida Rule of Civil Procedure 1.280(a)(1).

Sub-section (a)(4) of Rule 1.280 states that a party must make Initial Discovery Disclosures based on information then reasonably available to it. It is not an excuse if it has not yet fully investigated the case, the other side has not made Initial Discovery Disclosures, or it challenges the sufficiency of the other party’s Initial Discovery Disclosures. See Florida Rule of Civil Procedure 1.280(a)(4)

In addition, the duty to supplement applies to Initial Discovery Disclosures, such that a party must supplement the Initial Discovery Disclosures “in a timely manner” if the party learns that in some material respect the disclosure is incomplete or incorrect, and the additional/corrective information has not been otherwise made known to the other parties.[3]

Timing of Initial Discovery Disclosures

Initial Discovery Disclosures must be filed by all parties within 60 days of service of the Complaint.[4]

No longer do parties have to wait until a deposition, on receipt of a Request for Production, Interrogatories, Request for Admissions, or other discovery request to receive or to disclose information.

There is no exception for filing of Initial Discovery Disclosures if a Motion to Dismiss is pending or an Answer has not yet been filed in the action.  See Florida Rule of Civil Procedure 1.200(a)

Attorney Certification

Pursuant to Florida Rule of Civil Procedure 1.280(k), each Initial Discovery Disclosure must be signed by at least one attorney of record. By signing, the attorney certifies that to the best off the person’s knowledge, information, and belief formed after a reasonable inquiry, the disclosure is complete and correct as of the time it is made.[5]

The Court may impose sanctions for a violation of the certification, such as an order to pay reasonable expenses, including attorneys’ fees, caused by the violation.

Cases Exempt from Initial Discovery Disclosures Requirement

While the Initial Discovery Disclosures apply broadly to civil actions, certain types of proceedings are exempt.[6]

Rule 1.200(a) establishes the types of proceedings that are exempt from Initial Discovery Disclosures, which include probate, trust and guardianship proceedings under Florida Statutes Chapters 731-736, 738 and 744. Also exempt are any civil action pending in a special division of the court established by administrative order issued by the chief judge of the circuit.

Enforcement and Sanctions

Until it has served its own Initial Discovery Disclosure, a party may not seek any additional discovery such as depositions, Requests for Production, Interrogatories, or Requests for Admission.[7]

The Florida Supreme Court amended Rule 1.380 to provide an enforcement mechanism.[8] Courts have the authority to impose sanctions for violation of Rule 1.280. [9]

As sanctions, if a party fails to file Initial Discovery Disclosures, the party is barred from presenting such information or witnesses to supply evidence on a motion, at a hearing or at trial (unless the failure was substantially justified or is harmless). [10] The Court may also impose other sanctions such as payment of the reasonable expenses, including attorneys’ fees, caused by the failure and may inform the jury of the party’s failure. In addition, the Court has the discretion to strike pleadings or evidence if Initial Discovery Disclosures are not filed, or to treat the failure as contempt of court.  See Florida Rule of Civil Procedure 1.280(k)(2)(c)

Conclusion

The implementation of Initial Discovery Disclosures represents a fundamental shift in Florida civil litigation practice that requires immediate attention from all practitioners and parties. This new requirement, effective for all cases filed after January 1, 2025, transforms the traditional discovery process by requiring proactive disclosure of key information within 60 days of service of the Complaint, rather than waiting for formal discovery requests. The ongoing duty to supplement disclosures adds another layer of responsibility that extends throughout the litigation process.

The Rule’s comprehensive scope—requiring disclosure of witnesses, evidence, damages computation, and insurance coverage—coupled with its enforcement mechanisms, underscores the judiciary’s commitment to expediting litigation and cost efficiencies early in the litigation process.

Our Firm

Understanding Florida’s evolving civil litigation landscape is crucial for protecting your legal interests and achieving successful outcomes. At Lowndes, our civil litigation attorneys have the knowledge and resources to guide clients through these significant changes while maintaining focus on strategy and your legal goals.

Contact Thomas Tierney, or Paul Amos for more information.

[1] In re: Amendments to Florida Rules of Civil Procedure, 402 So.3d 925 (Fla. Dec. 5, 2024).

[2] The counterpart to (and model for) initial discovery disclosures in the Federal Rules of Civil Procedure is Rule 26 Duty to Disclose; General Provisions Governing Discovery.

[3] Fla. R. Civ. P. 1.180(g).

[4] Again, while the initial discovery disclosures requirement applies to cases filed in 2025, the deadline for submitting the Initial Discovery Disclosure is within 60 days of the service of the Complaint. Many other rule changes in the newly amended Florida Rules of Civil Procedure with respect to case management and discovery apply to any case pending as of January 1, 2025 and, at least prospectively, the deadlines are calculated to start running from the time of the filing of the Complaint.

[5] Fla. R. Civ. P. 1.280(k)(2).

[6] Fla. R. Civ. P. 1.280(a)(2)

[7] Fla. R. Civ. P. 1.280(f), as amended by In Re: Amendments to Florida Rule of Civil Procedure 1.280(f), Case No. SC2025-0697 (Fla. June 19, 2025).

[8] In re: Amendments to Florida Rules of Civil Procedure, 402 So.3d 925, No. SC2023-0962, p.4 (Fla. Dec. 5, 2024).

[9] Fla. R. Civ. P. 1.280(h).

[10] Fla. R. Civ. P. 1.380(d).