A Pure Bill of Discovery is an equity pleading which is granted pursuant to the Court’s auxiliary jurisdiction. A Court’s jurisdiction usually consists of the right to decide a case or controversy between parties; however, Florida Courts, also have the auxiliary power and jurisdiction to enter orders that a person or organization provide documents, submit to depositions or to otherwise comply with the Florida Rules of Civil Procedure presuit. A Pure Bill of Discovery can be utilized for a number of reasons. For example, in a recently filed case a company had its computer system hacked. Someone, then currently unknow, was able to access the company’s bank account electronically and directed the company’s bank to send two wire transfers to two seperate bank account created, by unknown parties, at a nationwide banking institution. Both the company’s bank and the bank that received the funds into these third party accounts refused to provide, to the company, any of the written communications between the banks relative to this matter and the receiving bank has refused to provide any information to the company about who ownes the accounts that received the funds. Hence, the necessity of filing a Pure Bill of Discovery so that this information can be discovered and acted upon by the company. Obviously, time is of the essence in this type of circumstance.
A suit for discovery is initiated by a party filiing a “Complaint For Pure Bill Of Discovery” with either the county or circuit court as appropriate. The complaint should allege the following: (1) the matters concerning which the discovery asked for is sought; (2) the interests of the several parties in the subject of the inquiry; (3) the complainant’s right to have the relief prayed, its title and interest and what the relationship of the same is to the discovery claimed and that the discovery so attempted to be had is material to the complainant’s rightss that have been duly brought into litigation on the common-law side of the couurt under circumstnaces that entitle the complainant to a disclosure of what is necessary to maintain its own claim in that litigation, and not that of the defendant in the case. If the Complaint is granted, then the plaintiff, in this case the comapny, can ask the court for leave to conduct discovery using any of the methods allowed by the Florida Rules of Civil Procedure.
Please keep in mind that the above information is being provided for educational purposes only. It is not designed to be complete in all material respects. If you have any questions concerning the contents of this post you should contact a qualified professional.
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