New Rule: Florida Rules of Civil Procedure 1.285

Effective January 1, 2011, Florida Rule of Civil Procedure 1.285 will establish a procedure for asserting a claim of privilege over materials accidentally produced, as well as a procedure for challenging those claims. This procedure is effective regardless of whether the disclosure was made pursuant to formal demand or informal request.

In order to assert the privilege, after discovering the inadvertent disclosure, the party shall serve written notice of the assertion of privilege on the party to whom the materials were disclosed within 10 days of discovering the disclosure. The notice shall state with particularity: (1) the materials as to which the privilege is being asserted; (2) nature of privilege asserted; and (3) date on which inadvertent disclosure was discovered.

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