In Re: Amendments to Florida Rule of Juvenile Procedure 8.245

Supreme Court of Florida
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No. SC2024-0382
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IN RE: AMENDMENTS TO FLORIDA RULE OF JUVENILE
PROCEDURE 8.245.

September 5, 2024

PER CURIAM.

The Florida Bar’s Juvenile Court Rules Committee filed a

report proposing amendments to Florida Rule of Juvenile Procedure

8.245 (Discovery).1 The Committee approved the proposed

amendments by a vote of 24-1-2, and The Florida Bar’s Board of

Governors unanimously voted to approve the proposed

amendments. The Court published the proposal, and no comments

were received. The more significant changes are discussed below.

We amend rule 8.245 to allow for electronic service of

subpoenas and to remove reference to copies furnished “by delivery

or mailing of copies.” The word “tangible” is also removed from the

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
terms “tangible things” and “tangible papers” for consistency

throughout the rule.

The Court hereby amends Florida Rule of Juvenile Procedure

8.245 as reflected in the appendix to this opinion. New language is

indicated by underscoring; deletions are indicated by struck-

through type. The amendments to the rule shall become effective

January 1, 2025, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure

Sarah J. Rumph, Chair, Juvenile Court Rules Committee,
Tallahassee, Florida, Cheo A. Reid, Past Chair, Juvenile Court Rules
Committee, West Palm Beach, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Michael
Hodges, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

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APPENDIX

RULE 8.245. DISCOVERY

(a) Scope of Discovery. Unless otherwise limited by 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, whether
stored in a paper or electronic format, 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 hearing if the information sought appears
reasonably calculated to lead to the discovery of admissible
evidence.

(2) [No Change]

(b) Required Disclosure.

(1) [No Change]

(2) The following information must be disclosed by any
party on demand:

(A) – (C) [No Change]

(D) Tangible pPapers or objects belonging to the
demanding party that are to be used at the adjudicatory hearing.

(E) [No Change]

(3) [No Change]

(c) [No Change]

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(d) Production of Documents and Things for Inspection
and Other Purposes.

(1) Request; Scope. Any party may request any other
party:

(A) [No Change]

(B) to inspect and copy, test, or sample any
tangible things that constitute or contain matters within the scope
of subdivision (a) and that are in the possession, custody, or control
of the party to whom the request is directed.

(2) Procedure. Without leave of court the request may
be served on the petitioner after commencement of proceedings and
on any other party with or after service of the summons and initial
petition on that party. The request must set forth the items to be
inspected, either by individual item or category, and describe each
item and category with reasonable particularity. The request must
specify a reasonable time, place, and manner of making the
inspection or performing the related acts. The party to whom the
request is directed must serve a written response within 15 days
after service of the request, except that a respondent may serve a
response within 30 days after service of the process and initial
pleading on that respondent. The court may allow a shorter or
longer time. For each item or category the response must 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 must be stated. If an objection is made to part of an item
or category, the part must be specified. When producing
documents, the producing party must either produce them as they
are kept in the usual course of business or must identify them to
correspond with the categories in the request. The party submitting
the request may move for an order under subdivision (k) concerning
any objection, failure to respond to the request, or any part of it, or
failure to permit inspection as requested.

(3) – (4) [No Change]

(e) Production of Documents and Things Without
Deposition.
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(1) [No Change]

(2) Procedure. A party desiring production under this
rule must serve notice on every other party of the intent to serve a
subpoena under this rule at least 10 days before the subpoena is
issued if service is by delivery or email and 15 days before the
subpoena is issued if service is by mail. The proposed subpoena
must:

(A) be attached to the notice and must state the
time, place, and method for production of the documents or things,
and the name and address of the person who is to produce the
documents or things, if known, and if not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs;

(B) must include a designation of the items to be
produced; and

(C) must state that the person who will be asked
to produce the documents or things has the right to object to the
production under this rule and that the person will not be required
to surrender the documents or things.

A copy of the notice and proposed subpoena must not be furnished
to the person on whom the subpoena is to be served. If any party
serves an objection to production under this rule within 10 days of
service of the notice, the documents or things must not be produced
under this rule and relief may be obtained under subdivision (g).

(3) Subpoena. If no objection is made by a party under
subdivision (e)(2), an attorney of record in the action may issue a
subpoena or the party desiring production must deliver to the clerk
for issuance a subpoena and a certificate of counsel or pro se party
that no timely objection has been received from any party. The clerk
must issue the subpoena and deliver it to the party desiring
production. The subpoena must be identical to the copy attached to
the notice, must specify that no testimony may be taken, and must
require only production of the documents or things specified in it.
The subpoena may give the recipient an option to deliver,
electronically serve, or mail legible copies of the documents or
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things to the party serving the subpoena. The person on whom the
subpoena is served may condition the preparation of copies on the
payment in advance of the reasonable costs of preparing the copies.
The subpoena must require production only in the county of the
residence of the custodian or other person in possession of the
documents or things or in the county where the documents or
things are located or where the custodian or person in possession
usually conducts business. If the person on whom the subpoena is
served objects at any time before the production of the documents
or things, the documents or things must not be produced under
this rule, and relief may be obtained under subdivision (g).

(4) Copies Furnished. If the subpoena is complied with
by delivery or mailing of copies as provided in subdivision (e)(3), the
party receiving the copies must furnish a legible copy of each item
furnished to any other party who requests it on the payment of the
reasonable cost of preparing the copies.

(5) [No Change]

(f) [No Change]

(g) Depositions.

(1) Time and Place.

(A) [No Change]

(B) The deposition must be taken in a building in
which the adjudicatory hearing may be held, in another place
agreed on by the parties, or where the trial court may designate by
special or general order. A resident of the state may be required to
attend an examination only in the county in which he or shethe
resident resides, is employed, or regularly transacts business in
person.

(2) [No Change]

(3) Use of Deposition. Any deposition taken under this
rule may be used at any hearing covered by these rules by any
party for the following purposes:

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(A) [No Change]

(B) For testimonial evidence, when the deponent,
whether or not a party, is unavailable to testify because of one or
more of the following reasons:

(i) He or sheThe witness is dead.

(ii) He or sheThe witness is at a greater
distance than 100 miles from the place of hearing or is out of the
state, unless it appears that the absence of the witness was
procured by the party offering the deposition.

(iii) [No Change]

(iv) He or sheThe witness is unable to attend
or testify because of age, illness, infirmity, or imprisonment.

(v) – (vi) [No Change]

(4) – (6) [No Change]

(h) Perpetuating Testimony Before Action or Pending
Appeal.

(1) Before Action.

(A) Petition. A person who desires to perpetuate
the person’s own testimony or that of another person regarding any
matter that may be cognizable in any court of this state may file a
verified petition in the circuit court in the county of the residence of
any expected adverse party. The petition must be titled in the name
of the petitioner and must show:

(i) – (v) [No Change]

(B) – (D) [No Change]

(2) – (3) [No Change]

(i) – (k) [No Change]

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Committee Notes
[No Change]

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