Sunday, February 14, 2021

Relying on guiding text from Federal court when you are in state court can lead to sanctions

From a 2016 decision in the 17th judicial circuit of Florida:

The Court finds that sanctions are appropriate as certain of the objections are not well-taken. For example, Plaintiff asserted an objection based on a suggestion contained in a federal court's discovery handbook.

Plaintiff also asserted an objection based on a reference to the Southern District of Florida's Discovery Practices Handbook, which was created "for the guidance of the members of the [federal] Bar" and "shall not have the force of law." As such, Plaintiff has not asserted a recognized objection, whether under the applicable Florida state court rules or even a federal court's rules.


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