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Ch 1, p.30 CIVIL PROCEDURE December 2010
(2) That the discovery may be had only on specified terms and conditions, including a designation
of the time or place.
(3) That the discovery may be had only by a method of discovery other than that selected by the
party seeking discovery.
(4) That certain matters not be inquired into, or that the scope of the discovery be limited to certain
matters.
(5) That discovery be conducted with no one present except persons designated by the court.
(6) That a deposition after being sealed be opened only by order of the court.
(7) That a trade secret or other confidential research, development, or commercial information not
be disclosed or be disclosed only in a designated way.
(8) That the parties simultaneously file specified documents or information enclosed in sealed
envelopes to be opened as directed by the court.
b. Shall limit the frequency of use of the methods described in rule 1.501(1) if it determines that
any of the following applies:
(1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some
other source that is more convenient, less burdensome, or less expensive.
(2) The party seeking discovery has had ample opportunity by discovery in the action to obtain
the information sought.
(3) The burden or expense of the proposed discovery outweighs its likely benefit, taking into
account the needs of the case, the amount in controversy, the parties’ resources, the importance of the
issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.
1.504(2) A party need not provide discovery of electronically stored information from sources
that the party identifies as not reasonably accessible because of undue burden or cost. On motion
to compel discovery or for a protective order, the party from whom discovery is sought must show
that the information is not reasonably accessible because of undue burden or cost. If that showing
is made, the court may nonetheless order discovery from such sources if the requesting party shows
good cause, considering the limitations of rule 1.504(1)(b). The court may specify conditions for the
discovery.
1.504(3) If the motion for a protective order is denied in whole or in part, the court may, on such
terms and conditions as are just, order that any party or person provide or permit discovery. The
provisions of rule 1.517(1)(d) apply to the award of expenses incurred in relation to the motion.
[Report 1943; amendment 1965; amendment 1970; amendment 1973; October 31, 1997, effective January
24, 1998; November 9, 2001, effective February 15, 2002; February 14, 2008, effective May 1, 2008]
Rule 1.505 Sequence and timing of discovery. Unless the court upon motion orders otherwise for
the convenience of parties and witnesses and in the interests of justice, methods of discovery may
be used in any sequence and the fact that a party is conducting discovery, whether by deposition or
otherwise, shall not operate to delay any other party’s discovery.
[Report 1943; amendment 1957; amendment 1973; November 9, 2001, effective February 15, 2002]
Rule 1.506 Stipulations regarding discovery procedure. Unless the court orders otherwise, the
parties may by written stipulation do the following:
1.506(1) Provide that depositions may be taken before any qualified person, at any time or place,
upon any notice, and in any manner and when so taken may be used like other depositions.
1.506(2) Modify the procedures provided by these rules for other methods of discovery.
[Report 1975; amended by 66GA, ch 259, §1; amendment 1976; October 31, 1997, effective January 24,
1998; November 9, 2001, effective February 15, 2002]
COMMENT: As parties rarely enter into formal stipulations extending the times to answer interrogatories or respond to production
requests, the requirement for formal stipulations is removed. Formal stipulations remain required for extensions of time for responding
to requests for admissions. The final phrase of the rule clarifies the time within which a response is required in the event the court
supersedes a stipulation. Consistent with rule 1.502, the requirement that discovery stipulations be filed, including those regarding
responses to requests for admissions, is deleted.
Rule 1.507 Discovery conference.
1.507(1) At any time after commencement of an action, the court may direct the attorneys for the
parties to appear before it for a conference on the subject of discovery. The court shall do so upon
motion by the attorney for any party if the motion includes:
a. A statement of the issues as they then appear.
b. A proposed plan and schedule of discovery.