AB773: Bill Text Engrossed

AB773-engrossed,20 Section 20. 804.045 of the statutes is created to read:

AB773-engrossed,11,18 804.045 Limits on quantity of depositions. A party shall be limited, unless otherwise stipulated or ordered by the court in a manner consistent with s. 804.01 (2), to a reasonable number of depositions, not to exceed 10 depositions, none of which may exceed 7 hours in duration.

AB773-engrossed,21 Section 21. 804.08 (1) (am) of the statutes is created to read:

AB773-engrossed,11,22 804.08 (1) (am) A party shall be limited, unless otherwise stipulated or ordered by the court in a manner consistent with s. 804.01 (2), to a reasonable number of requests, not to exceed 25 interrogatories, including all subparts.

AB773-engrossed,22 Section 22. 804.09 (2) (a) of the statutes is renumbered 804.09 (2) (a) (intro.) and amended to read:

AB773-engrossed,12,4 804.09 (2) (a) (intro.) Except as provided in s. 804.015, the request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party, and shall meet all of the following criteria:

AB773-engrossed,12,6 1. The request shall describe with reasonable particularity each item or category of items to be inspected.

AB773-engrossed,12,8 2. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.

AB773-engrossed,12,10 4. The request may specify the form or forms in which electronically stored information is to be produced.

AB773-engrossed,23 Section 23. 804.09 (2) (a) 3. of the statutes is created to read:

AB773-engrossed,12,17 804.09 (2) (a) 3. The request shall be limited, unless otherwise stipulated or ordered by the court in a manner consistent with s. 804.01 (2), to a reasonable time period, not to exceed 5 years prior to the accrual of the cause of action. The limitation in this subdivision does not apply to requests for patient health care records, as defined in s. 146.81 (4), vocational records, educational records, or any other similar records.

AB773-engrossed,24 Section 24. 804.09 (2) (b) 1. of the statutes is amended to read:

AB773-engrossed,13,9 804.09 (2) (b) 1. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless or state with specificity the grounds for objecting to the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form, or if no form was specified in the request, the party shall state the form or forms it intends to use. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. The production shall be completed no later than the time for inspection specified in the request or another reasonable time specified in the request or another reasonable time specified in the response.

AB773-engrossed,25 Section 25. 804.12 (1) (a) of the statutes is amended to read:

AB773-engrossed,13,22 804.12 (1) (a) Motion. If a deponent fails to answer a question propounded or submitted under s. 804.05 or 804.06, or a corporation or other entity fails to make a designation under s. 804.05 (2) (e) or 804.06 (1), or a party fails to answer an interrogatory submitted under s. 804.08, or if a party, in response to a request for inspection submitted under s. 804.09, fails to produce documents or fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he or she applies for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to s. 804.01 (3).

AB773-engrossed,26 Section 26. 893.53 of the statutes is amended to read:

AB773-engrossed,14,2 893.53 Action for injury to character or other rights. An action to recover damages for an injury to the character or rights of another, not arising on contract, shall be commenced within 6 3 years after the cause of action accrues, except where a different period is expressly prescribed, or be barred.

AB773-engrossed,27 Section 27. 893.89 (1) of the statutes is amended to read:

AB773-engrossed,14,5 893.89 (1) In this section, “exposure period" means the 10 7 years immediately following the date of substantial completion of the improvement to real property.

AB773-engrossed,28 Section 28. 893.89 (3) (b) of the statutes is amended to read:

AB773-engrossed,14,11 893.89 (3) (b) If, as the result of a deficiency or defect in an improvement to real property, a person sustains damages during the period beginning on the first day of the 8th 5th year and ending on the last day of the 10th 7th year after the substantial completion of the improvement to real property, the time for commencing the action for the damages is extended for 3 years after the date on which the damages occurred.

AB773-engrossed,29 Section 29. 893.93 (1) (a) of the statutes is renumbered 893.93 (1m) (a).

AB773-engrossed,30 Section 30. 893.93 (1) (b) of the statutes is renumbered 893.93 (1m) (b).

AB773-engrossed,31 Section 31. 893.93 (1) (cm) of the statutes is created to read:

AB773-engrossed,14,15 893.93 (1) (cm) An action under s. 218.0125 (7) or 218.0126.

AB773-engrossed,32 Section 32. 893.93 (1m) (intro.) of the statutes is created to read:

AB773-engrossed,14,18 893.93 (1m) (intro.) The following actions shall be commenced within 3 years after the cause of action accrues or be barred:

AB773-engrossed,33 Section 33. Initial applicability.

AB773-engrossed,14,22 (1) Third-party audits. The treatment of section 177.30 (6) of the statutes first applies to a contract or agreement that is entered into, renewed, or modified on the effective date of this subsection.

AB773-engrossed,15,2 (2) Discovery procedures. The treatment of sections 802.06 (1) (b), 804.01 (1), (2) (am), (bg), and (e) 1g., (3) (a) 2., (4), and (8), 804.045, 804.08 (1) (am), 804.09 (2) (b) 1., and 804.12 (1) (a) of the statutes, the renumbering and amendment of section 804.09 (2) (a) of the statutes, and the creation of section 804.09 (2) (a) 3. of the statutes first apply to actions that are filed on July 1, 2018.

AB773-engrossed,34 Section 34. Effective dates. This act takes effect on the day after publication, except as follows:

AB773-engrossed,15,6 (1) Class actions. The treatment of section 803.08 (11) of the statutes takes effect on July 1, 2018.

AB773-engrossed,15,7 (End)