Discovery of Personal Financial Information Pre-Judgment
I have been asked many times whether a creditor can demand production of and inspect a debtor's personal financial information after a lawsuit is commenced but before the creditor gets a money judgment against the debtor. The general rule in Florida is that discovery of personal financial information in civil cases- other than divorce- is irrelevant and usually prohibited before final judgment. See Friedman v. Heart Inst. of Port St. Lucie, Inc, 863 So 2d 189, 194 (Fla 2003). In a very recent case issued December 8, 2004, the Fourth District Court of Appeal allowed a plaintiff to review a defendant's personal financial information prior to judgment. All About Cruises, Inc. v. Cruise Options, Inc., 2004 WL 2823244 (Fla .App. 4 Dist.,2004). The appellate court said that financial discovery may be limited t an in camera inspection or may require the proponent to post bond, but neither of these conditions are required and the terms of such financial discovery are in the trial judge's discretion.
