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Deference to the trial court’s discretion in matters of pre-trial discovery controls.

April 1, 2019
Business Telcoms. Servs. v. Madrigal, 2019 Fla. App. LEXIS 1142 (Fla. 3d DCA 2019)

The defendant sought a writ of certiorari to quash the trial court’s order requiring the production of a surveillance video, taken on the date of the alleged incident, prior to the plaintiff’s deposition. The Third District Court of Appeal distinguished between date-of-accident video and post-accident surveillance video, citing to other cases in which deference to the trial court’s discretion in matters of pre-trial discovery controlled. The court noted the lack of a bright-line rule or precedent on the question and ultimately ruled that the defendant failed to demonstrate the requirements for certiorari review. 


Case Law Alerts, 2nd Quarter, April 2019

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