Fla. R. Civ. P. 1.310

(a) When Depositions May Be Taken. After commencement

of the action any party may take the testimony of any person,

including a party, by deposition on oral examination. Leave of court,

granted with or without notice, must be obtained only if the plaintiff

seeks to take a deposition within 30 days after service of the

process and initial pleading on any defendant, except that leave is

not required:

(1) if a defendant has served a notice of taking

deposition or otherwise sought discovery; or

(2) if special notice is given as provided in subdivision

(b)(2) of this rule.

The attendance of witnesses may be compelled by subpoena as

provided in rule 1.410. The deposition of a person confined in

prison may be taken only by leave of court on terms set by the

court.

(b) Notice; Method of Taking; Production at Deposition.

(1) A party desiring to take the deposition of any person

on oral examination must give reasonable notice in writing to every

other party to the action. The notice must state the time and place

for taking the deposition and the name and address of each person

to be examined, if known, and, if the name is not known, a general

description sufficient to identify the person or the particular class

or group to which the person belongs. If a subpoena duces tecum is

to be served on the person to be examined, the designation of the

materials to be produced under the subpoena must be attached to

or included in the notice.

(2) Leave of court is not required for the taking of a

deposition by plaintiff if the notice states that the person to be

examined is about to go out of the state and will be unavailable for

examination unless a deposition is taken before expiration of the

30-day period under subdivision (a). If a party shows that when

served with notice under this subdivision that party was unable

through the exercise of diligence to obtain counsel to represent the

party at the taking of the deposition, the deposition may not be

used against that party.

(3) For cause shown the court may enlarge or shorten

the time for taking the deposition.

(4) Any deposition may be audiovisually recorded

without leave of the court or stipulation of the parties, provided the

deposition is taken in accordance with this subdivision.

(A) Notice. In addition to the requirements in

subdivision (b)(1), a party intending to audiovisually record a

deposition must:

i. state that the deposition is to

audiovisually recorded in the title of the notice; and

ii. identify the method for audiovisually

recording the deposition and, if applicable, provide the name and

address of the operator of the audiovisual recording equipment in

the body of the notice.

(B) Stenographer. Audiovisually recorded

depositions must also be recorded stenographically, unless all

parties agree otherwise.

(C) Procedure. At the beginning of the deposition,

the officer before whom it is taken must, on camera:

(i) identify the style of the action;

(ii) state the date; and

(iii) put the witness under oath as provided in

subdivision (c)(1).

(D) Responsibility for Recordings and Copies. The

attorney for the party or the pro se party requesting the audiovisual

recording of the deposition is responsible for safeguarding the

recording, must permit the viewing of it by the opposing party, and,

if requested, must provide access to a copy of the recording at the

expense of the party requesting the copy.

(E) Cost of Audiovisually Recorded Depositions.

The party requesting the audiovisual recording must bear the initial

cost of the recording.

(5) The notice to a party deponent may be accompanied

by a request made in compliance with rule 1.350 for the production

of documents and tangible things at the taking of the deposition.

The procedure of rule 1.350 applies to the request. Rule 1.351

provides the exclusive procedure for obtaining documents or things

by subpoena from nonparties without deposing the custodian or

other person in possession of the documents.

(6) In the notice a party may name as the deponent a

public or private corporation, a partnership or association, or a

governmental agency, or other entity, and designate with

reasonable particularity the matters on which examination is

requested. The organization so named must designate 1 or more

officers, directors, or managing agents, or other persons who

consent to do so, to testify on its behalf and may state the matters

on which each person designated will testify. The persons so

designated must testify about matters known or reasonably

available to the organization. This subdivision does not prohibit

taking a deposition by any other procedure authorized in these

rules.

(7) A deposition may be taken by communication

technology, as that term is defined in Florida Rule of General

Practice and Judicial Administration 2.530, if stipulated by the

parties or if ordered by the court on its own motion or on motion of

a party. The order may direct the method by which the deposition

will be taken. In addition to the requirements of subdivision (b)(1), a

party intending to take a deposition by communication technology

must:

(A) state that the deposition is to be taken using

communication technology in the title of the notice; and

(B) identify the specific form of communication

technology to be used and provide instructions for access to the

communication technology in the body of the notice.

(8) Any minor subpoenaed for testimony has the right

to be accompanied by a parent or guardian at all times during the

taking of testimony notwithstanding the invocation of the rule of

sequestration of section 90.616, Florida Statutes, except on a

showing that the presence of a parent or guardian is likely to have a

material, negative impact on the credibility or accuracy of the

minor’s testimony, or that the interests of the parent or guardian

are in actual or potential conflict with the interests of the minor.

(c) Examination and Cross-Examination; Record of

Examination; Oath; Objections; Transcription.

(1) Examination and cross-examination of witnesses

may proceed as permitted at the trial. The officer before whom the

deposition is to be taken must put the witness under oath and

must personally, or by someone acting under the officer’s direction

and in the officer’s presence, record the testimony of the witness,

except that when a deposition is being taken by communication

technology under subdivision (b)(7), the witness must be put under

oath as provided in Florida Rule of General Practice and Judicial

Administration 2.530(b)(2)(B). The testimony must be taken

stenographically or audiovisually recorded under subdivision (b)(4).

All objections made at the time of the examination to the

qualifications of the officer taking the deposition, the manner of

taking it, the evidence presented, or the conduct of any party, and

any other objection to the proceedings must be noted by the officer

on the deposition. Any objection during a deposition must be stated

concisely and in a nonargumentative and nonsuggestive manner. A

party may instruct a deponent not to answer only when necessary

to preserve a privilege, to enforce a limitation on evidence directed

by the court, or to present a motion under subdivision (d).

Otherwise, evidence objected to must be taken subject to the

objections. Instead of participating in the oral examination, parties

may serve written questions in a sealed envelope on the party

taking the deposition and that party must transmit them to the

officer, who must propound them to the witness and record the

answers verbatim.

(2) If requested by a party, the testimony must be

transcribed at the initial cost of the requesting party and prompt

notice of the request must be given to all other parties. A party who

intends to use an audio or audiovisual recording of testimony at a

hearing or trial must have the testimony transcribed and must file a

copy of the transcript with the court.

(d) Motion to Terminate or Limit Examination. At any

time during the taking of the deposition, on motion of a party or of

the deponent and on a showing that the examination is being

conducted in bad faith or in any manner as unreasonably to annoy,

embarrass, or oppress the deponent or party, or that objection and

instruction to a deponent not to answer are being made in violation

of rule 1.310(c), the court in which the action is pending or the

circuit court where the deposition is being taken may order the

officer conducting the examination to cease immediately from

taking the deposition or may limit the scope and manner of the

taking of the deposition under rule 1.280(d). If the order terminates

the examination, it will be resumed thereafter only on the order of

the court in which the action is pending. On demand of any party or

the deponent, the taking of the deposition must be suspended for

the time necessary to make a motion for an order. Rule 1.380(a)

applies to the award of expenses incurred in relation to the motion.

(e) Witness Review. If the testimony is transcribed, the

transcript must be provided to the witness for examination and

must be read to or by the witness unless the examination and

reading are waived by the witness and by the parties. Any changes

in form or substance that the witness wants to make must be listed

in writing by the officer with a statement of the reasons given by the

witness for making the changes. The changes must be attached to

the transcript. It must then be signed by the witness unless the

parties waived the signing or the witness is ill, cannot be found, or

refuses to sign. If the transcript is not signed by the witness within

a reasonable time after it is provided to the witness, the officer must

sign the transcript and state on the transcript the waiver, illness,

absence of the witness, or refusal to sign with any reasons given

therefor. The deposition may then be used as fully as though signed

unless the court holds that the reasons given for the refusal to sign

require rejection of the deposition wholly or partly, on motion under

rule 1.330(d)(4).

(f) Filing; Exhibits.

(1) If the deposition is transcribed, the officer must

certify on each copy of the deposition that the witness was duly

sworn by the officer and that the deposition is a true record of the

testimony given by the witness. Documents and things produced for

inspection during the examination of the witness must be marked

for identification and annexed to and returned with the deposition

on the request of a party, and may be inspected and copied by any

party, except that the person producing the materials may

substitute copies to be marked for identification if that person

affords to all parties fair opportunity to verify the copies by

comparison with the originals. If the person producing the materials

requests their return, the officer must mark them, give each party

an opportunity to inspect and copy them, and return them to the

person producing them and the materials may then be used in the

same manner as if annexed to and returned with the deposition.

(2) After payment of reasonable charges, the officer

must provide a copy of the deposition to any party or to the

deponent.

(3) A copy of a deposition may be filed only under the

following circumstances:

(A) It may be filed in compliance with Florida Rule

of General Practice and Judicial Administration 2.425 and rule

1.280 by a party or the witness when the contents of the deposition

must be considered by the court on any matter pending before the

court. Prompt notice of the filing of the deposition must be given to

all parties unless notice is waived. A party filing the deposition

must provide a copy of the deposition or the part being filed to other

parties unless the party already has a copy.

(B) If the court determines that a deposition

previously taken is necessary for the decision of a matter pending

before the court, the court may order that a copy be filed by any

party at the initial cost of the party, and the filing party must

comply with rules 2.425 and 1.280.

(C) Deposition transcripts filed with the court

must be filed in full-page format, unless condensed transcripts are

authorized by the court.

(g) Obtaining Copies. A party or witness who does not have

a copy of the deposition may obtain it from the officer taking the

deposition unless the court orders otherwise. If the deposition is

obtained from a person other than the officer, the reasonable cost of

reproducing the copies must be paid to the person by the

requesting party or witness.

(h) Failure to Attend or to Serve Subpoena; Expenses.

(1) If the party giving the notice of the taking of a

deposition fails to attend and proceed therewith and another party

attends in person or by attorney under the notice, the court may

order the party giving the notice to pay to the other party the

reasonable expenses incurred by the other party and the other

party’s attorney in attending, including reasonable attorneys’ fees.

(2) If the party giving the notice of the taking of a

deposition of a witness fails to serve a subpoena on the witness and

the witness because of the failure does not attend and if another

party attends in person or by attorney because that other party

expects the deposition of that witness to be taken, the court may

order the party giving the notice to pay to the other party the

reasonable expenses incurred by that other party and that other

party’s attorney in attending, including reasonable attorneys’ fees.