Litigation is intrusive. By filing a lawsuit, a personal injury plaintiff makes his private life fair game. But a defendant did not ask to be sued, or for any of the scrutiny that goes along with it. Some of this scrutiny cannot be avoided. However, Florida law recognizes seven privileges that limit the extent of information a defendant must disclose.

Spousal Communications Privilege

Florida Statutes Section 90.504 gives a defendant the right to refuse to answer questions about what he or she discussed with a spouse during the marriage, even if the marriage has ended. Most often, this issue arises when the defendant is set for deposition, and the plaintiff’s attorney asks what the defendant said to the spouse regarding the subject matter of the case. The statute also gives the defendant the right to prevent the spouse from disclosing the information. In reality, the defendant cannot prevent the spouse from talking. In practice, the defendant could file a motion for protective order should the plaintiff’s attorney try to depose the spouse on the communications.

Accident Report Privilege

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