RULE 5.080. DISCOVERY AND SUBPOENA

(a) Adoption of Civil Rules. The following Florida Rules of
Civil Procedure shall apply in all probate and guardianship
proceedings:

(1) Rule 1.280, general provisions governing discovery.

(2) Rule 1.290, depositions before action or pending
appeal.

(3) Rule 1.300, persons before whom depositions may
be taken.
(4) Rule 1.310, depositions upon oral examination.

(5) Rule 1.320, depositions upon written questions.

(6) Rule 1.330, use of depositions in court proceedings.

(7) Rule 1.340, interrogatories to parties.

(8) Rule 1.350, production of documents and things
and entry upon land for inspection and other purposes.

(9) Rule 1.351, production of documents and things
without deposition.

(10) Rule 1.360, examination of persons.

(11) Rule 1.370, requests for admission.

(12) Rule 1.380, failure to make discovery; sanctions.

(13) Rule 1.390, depositions of expert witnesses.

(14) Rule 1.410, subpoena.

(b) Limitations and Costs. In order to conserve the assets
of the estate, the court has broad discretion to limit the scope and
the place and manner of the discovery and to assess the costs,
including attorneys’ fees, of the discovery against the party making
it or against 1 or more of the beneficiaries of the estate or against
the ward in such proportions as the court determines, considering,
among other factors, the benefit derived therefrom.

(c) Application. It is not necessary to have an adversary
proceeding under rule 5.025 to utilize the rules adopted in
subdivision (a) above. Any interested person may utilize the rules
adopted in subdivision (a).

Committee Notes
Subdivision (b) is not intended to result in the assessment of
costs, including attorney’s fees, in every instance in which discovery
is sought. Subdivision (c) is not intended to overrule the holdings in
In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA 1976), and In re
Estate of Posner, 492 So. 2d 1093 (Fla. 3d DCA 1986).

Rule History

1975 Revision: This rule is the same as prior rule 5.080,
broadened to include guardianships and intended to clearly permit
the use of discovery practices in nonadversary probate and
guardianship matters.

1977 Revision: Editorial change in citation form in committee
note.

1984 Revision: Florida Rules of Civil Procedure 1.290, 1.300,
1.351, and 1.410 have been added.

1988 Revision: Subdivision (a)(15) deleted as duplicative of
rule 5.070 Subpoena. Editorial change in (b). Citation form change
in committee notes.

1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.

1996 Revision: Reference to rule 1.400 eliminated because of
deletion of that rule from the Florida Rules of Civil Procedure.
Editorial change.

2002 Revision: Reference to rule 1.410 transferred to
subdivision (a) from former rule 5.070. Subdivision (b) amended to
give court discretion to assess attorneys’ fees. Subdivision (c) added.
Committee notes revised.

2006 Revision: Committee notes revised.

2007 Revision: Committee notes revised.

2016 Revision: Florida Rule of Civil Procedure 1.451 has been
added to subdivision (a). Committee notes revised.
Statutory References

§ 731.201(23), Fla. Stat. General definitions.

§ 733.106, Fla. Stat. Costs and attorney’s fees.

§ 744.105, Fla. Stat. Costs.

§ 744.108, Fla. Stat. Guardian’s and attorney’s fees and
expenses.

Rule References

Fla. Prob. R. 5.025 Adversary proceedings.

Fla. R. Gen. Prac. & Jud. Admin. 2.535 Court reporting.