Rule 1.505.Timing and sequence of discovery
Division V: Discovery and Inspection · Last amended January 1, 2019 · Last verified July 15, 2026
Full Text of Rule 1.505
Plain-English Summary
Rule 1.505(1) imposes a moratorium on early discovery. Outside proceedings exempt from initial disclosure, and unless the rules, a stipulation, or a court order provide otherwise, a party can't seek discovery from any source before the parties have conferred under Rule 1.507. In domestic relations proceedings, the moratorium works a bit differently: a party can't seek discovery before the initial disclosures required in that kind of case have occurred, unless the parties or the court have agreed those disclosures aren't required. This moratorium applies only to actions commenced on or after January 1, 2015, though the court can direct any case to comply with it anyway.
Rule 1.505(2) then addresses sequence. Absent a court order — issued for the convenience of the parties and witnesses and in the interests of justice — or a stipulation to the contrary, the parties can use the available discovery methods in whatever order works for them. One party pursuing discovery, whether through depositions or otherwise, doesn't operate to delay any other party's discovery.
Frequently Asked Questions
Can I send interrogatories before the parties have held their discovery conference?
Generally, no. Rule 1.505(1) bars seeking discovery before the parties have conferred under Rule 1.507, unless the case is exempt from initial disclosure or the rules, a stipulation, or a court order provide otherwise.
Does the discovery moratorium in Rule 1.505 apply to every case, no matter when it was filed?
No. It applies only to actions commenced on or after January 1, 2015, though the court may direct any case to comply with all or part of the rule as part of a pretrial order.
Do I have to take depositions before serving interrogatories, or can I choose the order?
You can generally choose the order. Rule 1.505(2) lets discovery methods be used in any sequence, absent a court order or stipulation providing otherwise.
If the other side is slow to complete their discovery, does that delay my own discovery?
No. Rule 1.505(2) states that a party conducting discovery doesn't delay any other party's discovery.
How does the timing rule work differently in domestic relations cases?
Instead of waiting for the Rule 1.507 discovery conference, a party in a domestic relations proceeding generally can't seek discovery before the initial disclosures required in that kind of case have occurred.