Legal Question in Personal Injury in Florida
Florida rule of Civil Procedure 1.130.
ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS
(a) Instruments Attached. All bonds, notes, bills of exchange, contracts,
accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading.
Question 1:
Based upon the above� I�m I required to include in my (Pro Se) Florida Civil Complaint at the time of filing the 13 or so exhibits which I intend to use as evidence to support my action? Or are they, or can they be provided after filing the complaint at time of discovery? Some exhibits being public information available to the defendant, others being privileged medical records.
Question 2: In regards to the above question� Do Federal rules of Civil Procedure of initial disclosures, as mandated by Rule 26(f) apply to Florida Circuit Court?
Thank you
2 Answers from Attorneys
Exhibits attached to a complaint are those that relate to establishing the cause of action. if you are suing on a contract, you have to attach it. Since you don't say what your cause of action is it is impossible to answer your question other than broadly. Federal Rules of Civil Procedure do not apply to State Court actions.
Unless a cause of action is based upon a contract or instrument (as identified in the Rule), then generally, no, extraneous documents are not required to be attached to the complaint.
Evidence is generally disclosed during the discovery process. See, generally, Florida Rues of Civil Procedure 1.280-1.410. Evidence is used at trial depending on relevance and admissibility (Florida Rules of evidence govern). Forms you may use for the complaint and discovery are located at Florida Rule of Civil Procedure Rule 1.900 and thereafter.
Federal rules apply to federal civil actions and not in state courts. Florida Circuit Court is a state court.
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