IN RE THE FLORIDA BAR. IN RE RULES OF CIVIL PROCEDURE

Fla. | 1977-07-14
No. 49249-B
Overton, C.J., Adkins, J., Boyd, J., England, J., Sundberg, J., Hatchett, J.
348 So. 2d 325 Florida Supreme Court (1977)

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Synopsis

Florida Supreme Court amended Rules of Civil Procedure 1.330(a) and 1.340 to permit depositions and interrogatory answers obtained in medical liability mediation proceedings to be used in subsequently filed civil actions.


Holding

Depositions and interrogatory answers lawfully obtained in medical liability mediation proceedings may be used in civil actions subsequently brought as if originally taken or propounded in those actions.


Headnotes

[1] Depositions and interrogatory answers obtained in medical liability mediation proceedings are admissible in subsequently filed civil actions as if originally taken or pro…

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Facts & Procedural History

The Civil Procedure Rules Committee submitted proposed Rules of Medical Mediation Procedure and recommended amendments to the discovery provisions of …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In connection with proposed Rules of Medical Mediation Procedure submitted by the Civil Procedure Rules Committee, it was recommended that certain amendments be made to the discovery provisions of the Rules of Civil Procedure. After due consideration the recommendation of the Civil Procedure Rules Committee is adopted and, accordingly, Rule 1.330(a) and Rule 1.340, Florida Rules of Civil Procedure are hereby amended as follows:

RULE 1.330(a) is amended to add subsection (6) which reads as follows:
“(6) If a civil action is afterward brought, all depositions lawfully taken in a medical liability mediation proceeding may be used in the civil action as if originally taken for it.”

RULE 1.340 is amended by adding á subsection (f) which reads as follows:

“(f) USE OF ANSWERS TO INTERROGATORIES PROPOUNDED IN MEDICAL LIABILITY MEDIATION PROCEEDINGS. If a civil action is afterward brought, answers to interrogatories propounded in a medical liability mediation proceeding may be used in the civil action as if originally propounded in it.”

The foregoing amendments shall govern all proceedings within their scope after 12:01 a. m., September 1, 1977. From and after their effective date, all rules and statutes in conflict with such amendments are hereby superseded, and any statute not superseded shall remain in effect as a rule promulgated by the Supreme Court.

It is so ordered.

OVERTON, C. J., and ADKINS, BOYD, ENGLAND, SUNDBERG and HATCH-ETT, JJ., concur.


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