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  1. #1
    Join Date
    Apr 2014
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    1

    Default Discovery Against a Pro Se Defendant in Small Claims Court

    I was under the impression that as a Pro Se defendant in Florida Small Claims Court, Discovery directed towards me was limited. The lawyers for the Plaintiff filed a motion with the Court for Discovery, as well as a request for Summary Judgment, and both motion requests were approved by the Judge.

    I have not requested any Discovery, so the only other option for the granting of their request is by "the leave of the Court" according to the Florida Rules of Civil Procedure. Is this common? Am I missing something? I thought that a Discovery request could happen after a Final Judgment was ordered (if indeed I were to lose), but not only after a pre-trail hearing.

    Should I (can I) respond to the Court with my objections in a separate motion of my own?

    Thanks.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Allowable Discovery in Flortida for Pro Se Defendants

    If they obtained a summary judgement, the game is over unless you appeal. The need for discovery has been rendered moot as the case is over. Florida is not one of the places where you get a free second chance after small claims. I recommend an attorney if you wish to proceed further.

    If you mean that the judge accepted the filing of a summary judgment but hasn't acted on that disposition, you need to challenge that so that the court thinks you have a triable case before getting bent over discovery. If the court approved the motion for discovery, they have the "leave of the court."
    Further, if you have already requested discovery, the other party is free without leave of the court to request discovery as well. The only time you are guarded against unapproved discovery is if you are unrepresented and do not request discovery on your own.

  3. #3
    Join Date
    Apr 2014
    Location
    Florida
    Posts
    19

    Default Re: Allowable Discovery in Flortida for Pro Se Defendants

    [QUOTE=flyingron;802909]If they obtained a summary judgement, the game is over. The need for discovery has been rendered moot as the case is over. Florida is not one of the places where you get a free second chance after small claims.

    In Florida, you indeed get a second chance. It is called an appeal to Circuit Court.

    - - - Updated - - -

    Quote Quoting flyingron
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    The only time you are guarded against unapproved discovery is if you are unrepresented and do not request discovery on your own.
    Good point. Sir, did the attorney file a Motion to Invoke the Rules of Civil Procedure? If so, did you file a response?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Allowable Discovery in Flortida for Pro Se Defendants

    Thanks for the day late and dollar short answer. While he could have (it's too late now) appealed to circuit court if there had been some error in the rule of law on the original case, by point is that in Florida you don't just get to "refile the same case" a second time (which you do in some states). Seeing has he apparently has nothing to base an appeal on, his case would go nowhere in circuit court.

  5. #5
    Join Date
    Apr 2014
    Location
    Florida
    Posts
    19

    Default Re: Allowable Discovery in Flortida for Pro Se Defendants

    Quote Quoting flyingron
    View Post
    While he could have (it's too late now) appealed to circuit court if there had been some error in the rule of law on the original case, by point is that in Florida you don't just get to "refile the same case" a second time (which you do in some states).
    I left out the possibility of a potential third chance -- the Florida Supreme Court. Enjoy your weekend.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Allowable Discovery in Flortida for Pro Se Defendants

    When you miss your appeal deadline for circuit court, you're not going to get heard in the supreme either. Do you have something useful to say?

  7. #7
    Join Date
    Apr 2014
    Location
    Florida
    Posts
    19

    Default Re: Allowable Discovery in Flortida for Pro Se Defendants

    Yes, I left out the appellate court. Sorry.

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