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FL · rules

Fla. R. Civ. P. 1.320

Depositions Upon Written Questions

activein force · 2026-04-01 – presentact-effective-date

(a) Serving Questions; Notice. After commencement of the

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

party, by deposition upon written questions. The attendance of

witnesses may be compelled by the use of subpoena as provided in

rule 1.410. The deposition of a person confined in prison may be

taken only by leave of court on such terms as the court prescribes.

A party desiring to take a deposition upon written questions must

serve them with a notice stating (1) the name and address of the

person who is to answer them, 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 that person belongs, and (2) the

name or descriptive title and address of the officer before whom the

deposition is to be taken. A deposition upon written questions may

be taken of a public or private corporation, a partnership or

association, or a governmental agency in accordance with rule

1.310(b)(6). Within 30 days after the notice and written questions

are served, a party may serve cross questions on all other parties.

Within 10 days after being served with redirect questions, a party

may serve recross questions on all other parties. Notwithstanding

any contrary provision of rule 1.310(c), objections to the form of

written questions are waived unless served in writing on the party

propounding them within the time allowed for serving the

succeeding cross or other questions and within 10 days after

service of the last questions authorized. The court may for cause

shown enlarge or shorten the time.

(b) Officer to Take Responses and Prepare Record. A copy

of the notice and copies of all questions served must be delivered by

the party taking the depositions to the officer designated in the

notice, who must proceed promptly to take the testimony of the

witness in the manner provided by rules 1.310(c), (e), and (f) in

response to the questions and to prepare the deposition, attaching

the copy of the notice and the questions received by the officer. The

questions must not be filed separately from the deposition unless a

party seeks to have the court consider the questions before the

questions are submitted to the witness. Any deposition may be

audiovisually recorded without leave of the court or stipulation of

the parties, provided the deposition is taken in accordance with rule

1.310(b)(4).

History

Committee Notes 1972 Amendment. Derived from Federal Rule of Civil Procedure 31 as amended in 1970. The name of interrogatories has been changed to questions to avoid confusion with interrogatories to parties under rule 1.340. Language changes resulting from the rearrangement of the discovery rules have been inserted and subdivision (d) deleted.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
de9370bb4f6ed6e895821f9035c15186935175bf6122a921cc87e5f01517a6d1
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