Chapter 1-6 Discovery

1-6 Discovery

Discovery is the process by which parties exchange information regarding the allegations in their pleadings. Any document or information which is relevant to the foreclosure action and is not privileged becomes discoverable during this process.51 Generally, discovery is conducted through requests for admissions, requests for production of documents, interrogatories (or written questions), and depositions. It is important to be diligent in seeking discovery, because failure to submit timely requests will not stop the foreclosure action from proceeding.52 For a complete discussion of discovery in a foreclosure action, see Chapter 11: Discovery.


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Notes:

[51] Fla. R. Civ. P. 1.280.

[52] Congress Park Office Condos II, LLC v. First-Citizens Bank & Tr. Co., 105 So. 3d 602 (Fla. 4th DCA 2013) (trial court does not err in entering...

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