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United States · Florida discovery

When is a Florida defendant’s production response due for a request served with process?

Under Rule 1.350(b)(3), the established defendant procedure for a request served with process uses forty-five days after service of process and the initial pleading to serve a written response to a request for production. A shorter or longer court-allowed time controls. The stated period concerns the written response. The request separately specifies a reasonable time, place and manner for inspection or related acts. For each item or category, permit the requested activity or state specific objections and reasons, including whether responsive material is being withheld.

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Period
Forty-five calendar days within the established request-with-process branch
Trigger
Actual service of process, the initial pleading and the identified production request together on this defendant
Rule
Florida Rule of Civil Procedure 1.350(b)(3)
Florida civil discovery response and nonparty production rules, with current disclosure sequencing

Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026

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Which actual event starts this Florida civil period?

Identify the actual production request, recipient and prescribed type of response.

Preserve actual service of the request together with process and the initial pleading on this defendant. Filing is a different event.

Read every order, applicable stipulation, service method and historical procedural edition.

Florida Rule of Civil Procedure 1.350(b)(3)

How does Florida count this civil period?

  1. Identify the actual production request, recipient and prescribed type of response.
  2. Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
  3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
  4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

Florida Rule of General Practice and Judicial Administration 2.514(a)

What do the independently derived facts show?

Fictitious example

Fictitious facts. The properly signed identified request is validly served with process and the initial pleading on this defendant. No different ordered time applies. The established event occurs August 2, 2027. No mail-only addition, additional clerk holiday or different actual order applies.

Example counting steps
StepWhat is countedDate
Established eventActual service of process, the initial pleading and the identified production request together on this defendantAugust 2, 2027
Applicable periodForty-five calendar days within the established request-with-process branchThursday, September 16, 2027
Example resultThursday, September 16, 2027

Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.

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Which Florida civil qualifications change the procedure?

An actual court-allowed period controls
Rule 1.350(b)(3) preserves court authority to shorten or extend the stated time. Read the actual order and its triggering event. A requested extension, agreement lacking the required legal effect or pending motion does not itself establish a different response date.
Written response and actual production are different acts
Rule 1.350(b)(3) fixes the default written-response period while requiring the request to specify reasonable time, place and manner for inspection or related acts. Do not treat a thirty-day or forty-five-day response count as automatically establishing every document-production date.
Objections must identify reasons and withheld material
Paragraphs (b)(4)–(6) require specific grounds and reasons, identification of withheld responsive material and permission to inspect the unobjectionable remainder. An objection to part of a category does not permit withholding all other responsive material without explanation.
Production organization and ESI forms are prescribed
Paragraph (b)(7) requires production as kept in the usual course of business or identified to correspond to request categories. Paragraph (b)(8) addresses requested electronic-information forms, specific form objections and the intended form. With no specified form, use an ordinarily maintained or reasonably usable form.
The request must concern material within the stated control and scope
Rule 1.350(a) addresses documents, electronic information, things or property within its stated possession, custody or control and Rule 1.280(c) scope. Requests require reasonable particularity and service on all parties. A nonparty custodian ordinarily requires a distinct procedure.
Noncompliance requires its actual motion and order procedure
Rule 1.350(b)(9) permits a motion under Rule 1.380 concerning objections, failure to respond or failure to permit inspection. A request for a protective order or extension does not itself establish a changed response date.
Current disclosure sequencing concerns seeking discovery
Rule 1.280(f)(1), effective June 19, 2025, requires this party to serve initial disclosures on the other party before seeking discovery, except as authorized by stipulation or court order. It does not itself replace a served request’s response period with sixty days or permit a recipient to ignore the request. Check the actual covered proceeding, historical initial-disclosure exception, stipulation, protective order and request separately.
Signing, supplementation and court filing are separate duties
Rule 1.280(k) requires the prescribed attorney or unrepresented-party signature and certification after reasonable inquiry. Rule 1.280(g) requires timely supplementation or correction when its stated conditions arise. Rule 1.280(h) generally withholds discovery information from court filing without good cause established by another rule or order. The current rule imposes no duty to act on an unsigned disclosure, request, response or objection until signed. SC2025-1053, issued October 1, 2026 and effective January 1, 2027 at 12:01 a.m., adds mandatory striking unless the missing signature is promptly supplied after the omission is brought to the attorney’s or party’s attention. The 2027 examples assume properly signed requests. A completed date does not establish complete answers or proper filing.
Florida Rule of Civil Procedure 1.350(b)(3)
  • This page does not establish valid service, pleading sufficiency, waived defenses or permission to extend a period.
  • Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

What must be filed, served and preserved?

Questions about this Florida civil act

When is a Florida defendant’s production response due for a request served with process?

Can I use forty-five days for any discovery request?

This route requires the identified request actually served with process and the initial pleading. A later request has its own service event and may require comparing the ordinary request period with the initial process protection.

Florida Rule of Civil Procedure 1.350(b)(3)

Must every requested document be produced on the written-response date?

Rule 1.350(b)(3) separately requires a reasonable requested inspection time and fixes the written-response period. Read the actual request, response and controlling order before determining production.

Florida Rule of Civil Procedure 1.350(b)(3)

Can I object without saying whether I withheld responsive material?

Rule 1.350(b)(6) requires an objection to state whether material is being withheld and to permit inspection of the remainder after a partial objection.

Florida Rule of Civil Procedure 1.350(b)(6)

Official Florida sources and review

Provisions used (19)
Provisions used in this guide
ProvisionPurpose
Florida Rule of Civil Procedure 1.350(b)(3)The responsible actor, actual event and stated procedural period
Florida Rule of Civil Procedure 1.350(b)(3)An actual court-allowed period controls
Florida Rule of Civil Procedure 1.350(b)(3)Written response and actual production are different acts
Florida Rule of Civil Procedure 1.350(b)(4)–(6)Objections must identify reasons and withheld material
Florida Rule of Civil Procedure 1.350(b)(7)–(8)Production organization and ESI forms are prescribed
Florida Rule of Civil Procedure 1.350(a),(b)(2)The request must concern material within the stated control and scope
Florida Rule of Civil Procedure 1.350(b)(9)Noncompliance requires its actual motion and order procedure
Florida Rule of Civil Procedure 1.280(f)(1)Current disclosure sequencing concerns seeking discovery
Florida Rule of Civil Procedure 1.280(g),(h),(k)Signing, supplementation and court filing are separate duties
Florida Rule of Civil Procedure 1.080(a),(b)Applicable computation, filing, service and proof
Florida Rule of Civil Procedure 1.090(a),(b)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.514(a)–(b)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.516(b),(f)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e)Applicable computation, filing, service and proof
2026 Florida Statutes section 110.117(1)Observed statutory holidays and weekend substitutions
SC2025-0697, June 19, 2025, pages 1–4Current initial-disclosure sequencing before seeking discovery
SC2023-0962, corrected January 23, 2025, pages 6–7Actions commenced before January 1, 2025 excluded from automatic initial disclosures
SC2025-1053, October 1, 2026, effective January 1, 2027Scheduled signature cure and mandatory strike treatment under Rule 1.280(k)
SC2025-0646 / SC2025-0660, October 1, 2026, effective January 1, 2027Scheduled specific nonparty objections and their resolution under Rule 1.351
Read the current official Florida court rules

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