Practical brief for Florida litigators and litigation paralegals.
Knowing who is on the other side changes how a case is valued, pleaded and settled. Has the opposing party sued before over similar facts? Do they own the business they claim to run? Are there judgments that make them hard to collect from? Background research on an opposing party answers those questions with public records and lawful sources, inside the limits set by federal privacy law and the Florida Bar rules.
Need to know more about the other side?
Call (321) 340-3280 to scope opposing-party research with a licensed investigator. Prefer to write? Use our case request form.
What the research usually covers
Litigation history
State court dockets from county clerks and federal records in PACER show prior lawsuits, the claims made, how they ended and who the lawyers were. A pattern of similar claims, or prior sworn statements on the same topics, can matter a great deal.
Criminal history
Florida criminal history information is available through official channels, and county court records add detail. We report what the record shows and leave admissibility and use to counsel.
Business interests and roles
Sunbiz filings show companies the party formed, manages or serves as registered agent for, including dissolved entities and recent changes. This helps confirm, or contradict, what the party says about their business.
Property, liens and judgments
County records show real property, mortgages, liens and judgments. These bear on collectibility and sometimes on credibility, such as a party claiming hardship while acquiring property.
Licenses and professional discipline
Professional and occupational license records, including discipline, are public for many Florida professions through the licensing agencies.
Public online presence
Public social media, websites, reviews and media coverage can show activities, statements and connections. We capture public content with dates and URLs so it can be authenticated later. See our guide to social media evidence in Florida litigation.
The legal limits
- Consumer reports. The Fair Credit Reporting Act restricts when a consumer report can be obtained. Litigation research is generally not a permissible purpose, so we work from public records and non-FCRA sources.
- Driver and vehicle records. The Driver’s Privacy Protection Act allows use in connection with civil proceedings, including investigation in anticipation of litigation. We use that information only within the permitted purpose.
- Financial and phone records. Pretexting banks or phone carriers is prohibited by federal law. We do not do it.
- No contact with a represented party. Rule 4-4.2 bars communication about the matter with a person the lawyer knows is represented, and Rule 4-5.3 makes the lawyer responsible for the investigator’s conduct. That includes friend or follow requests to access private accounts.
- No recording without consent. Florida’s Chapter 934 requires all-party consent for private conversations.
Our page on Rule 4-5.3 and investigators goes deeper on supervision.
How findings feed the case
Good opposing-party research supports early case assessment, settlement posture, deposition outlines and requests for production. It also points to witnesses: former business partners, co-defendants in prior suits and former employees. When the party is also a witness, the work overlaps with witness background research for impeachment.
What the report looks like
We organize the report by topic, with the source and date for every item: identity confirmation, litigation history, criminal history, entities and roles, property and liens, licenses, and public online presence. Items that need certified copies or follow-up in discovery are flagged. Findings that cut against our client are reported too, because counsel needs the full picture.
Working with MAYN Investigations
MAYN Investigations is a Florida private investigation agency licensed under Chapter 493 (agency license A3400126), working statewide for law firms and businesses. Opposing-party research is part of our background checks and database research and litigation support services. We work with firms in Orlando, St. Petersburg, Naples and across Florida.
FAQ: researching an opposing party
Is it legal to run a background check on the other side?
Yes, using public records and lawful sources within federal privacy laws and the Florida Bar rules. What is off limits are protected records obtained by pretext and consumer reports without a permissible purpose.
Can you look at their private social media?
No. We capture public content only. Requesting access to a represented party’s private accounts would raise Rule 4-4.2 problems.
Will the opposing party find out?
Records research does not notify the subject. Any interviews or field work are discussed with counsel first.
How fast can you turn it around?
It depends on scope and the number of counties and states involved. We give an estimate when we scope the matter by phone.
Talk to an investigator about the other side
Need field surveillance too? When opposing-party work needs eyes on the street, our licensed team handles private investigator surveillance in Florida: discreet, court-ready video and reports, 24/7. Based in Central Florida. Call (321) 340-3280.
Call (321) 340-3280 with the party’s name, the case and your deadline. We will tell you what research makes sense and how fast we can start. Rates are discussed by phone. You can also send a case request and we will get back to you.
MAYN Investigations is a licensed and insured Florida private investigation agency working statewide for law firms and businesses. Follow us on Instagram at @mayninvestigations for short briefs on Florida investigations, and browse more investigation insights for attorneys.
This article is general information for attorneys and legal professionals. It is not legal advice, and decisions about discovery, admissibility and compliance belong to counsel.
