Expert Witness Blog

Are Expert Witness Tax Returns and Financial Information Discoverable in Florida?

Discovery regarding expert witnesses is governed by Florida’s Rules of Civil Procedure, Rule 1.280. Fla. Stat. Ann. § 1.280 (West 2017). This rule limits the disclosure requirements for expert witnesses regarding financial information. Id. The rule states that experts may be required to disclose an approximation of the money earned from being an expert as a percentage of total income. Id. But, the rule states that experts will not be required to disclose the amount earned as an expert or from performing other services. Id. In regard to the production of financial records, the rule provides that “only under the most unusual or compelling circumstances” the expert will be required to disclose financial records. Id. Case law explains that the purpose of limiting discovery of financial information is to “protect experts from the annoyance, embarrassment, oppression, undue burden, or expense associated with discovery of financial information. Grabel v. Sterrett, 163 So. 3d 704 (Fla. Dist. Ct. App. 2015).

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