Fla. R. Civ. P. 1.330

(a) Use of Depositions. At the trial or upon the hearing of a

motion or an interlocutory proceeding, any part or all of a

deposition may be used against any party who was present or

represented at the taking of the deposition or who had reasonable

notice of it so far as admissible under the rules of evidence applied

as though the witness were then present and testifying in

accordance with any of the following provisions:

(1) Any deposition may be used by any party for the

purpose of contradicting or impeaching the testimony of the

deponent as a witness or for any purpose permitted by the Florida

Evidence Code.

(2) The deposition of a party or of anyone who at the

time of taking the deposition was an officer, director, or managing

agent or a person designated under rule 1.310(b)(6) or 1.320(a) to

testify on behalf of a public or private corporation, a partnership or

association, or a governmental agency that is a party may be used

by an adverse party for any purpose.

(3) The deposition of a witness, whether or not a party,

may be used by any party for any purpose if the court finds: (A) that

the witness is dead; (B) that the witness is at a greater distance

than 100 miles from the place of trial or hearing, or is out of the

state, unless it appears that the absence of the witness was

procured by the party offering the deposition; (C) that the witness is

unable to attend or testify because of age, illness, infirmity, or

imprisonment; (D) that the party offering the deposition has been

unable to procure the attendance of the witness by subpoena; (E)

upon application and notice, that such exceptional circumstances

exist as to make it desirable, in the interest of justice and with due

regard to the importance of presenting the testimony of witnesses

orally in open court, to allow the deposition to be used; or (F) the

witness is an expert or skilled witness.

(4) If only part of a deposition is offered in evidence by

a party, an adverse party may require the party to introduce any

other part that in fairness ought to be considered with the part

introduced, and any party may introduce any other parts.

(5) Substitution of parties pursuant to rule 1.260 does

not affect the right to use depositions previously taken and, when

an action in any court of the United States or of any state has been

dismissed and another action involving the same subject matter is

afterward brought between the same parties or their representatives

or successors in interest, all depositions lawfully taken and duly

filed in the former action may be used in the latter as if originally

taken for it.

(6) If a civil action is afterward brought, all depositions

lawfully taken in a medical liability mediation proceeding may be

used in the civil action as if originally taken for it.

(b) Objections to Admissibility. Subject to the provisions of

rule 1.300(b) and subdivision (d)(3) of this rule, objection may be

made at the trial or hearing to receiving in evidence any deposition

or part of it for any reason that would require the exclusion of the

evidence if the witness were then present and testifying.

(c) Effect of Taking or Using Depositions. A party does not

make a person the party’s own witness for any purpose by taking

the person’s deposition. The introduction in evidence of the

deposition or any part of it for any purpose other than that of

contradicting or impeaching the deponent makes the deponent the

witness of the party introducing the deposition, but this shall not

apply to the use by an adverse party of a deposition under

subdivision (a)(2) of this rule. At the trial or hearing any party may

rebut any relevant evidence contained in a deposition whether

introduced by that party or by any other party.

(d) Effect of Errors and Irregularities.

(1) As to Notice. All errors and irregularities in the

notice for taking a deposition are waived unless written objection is

promptly served upon the party giving the notice.

(2) As to Disqualification of Officer. Objection to taking a

deposition because of disqualification of the officer before whom it is

to be taken is waived unless made before the taking of the

deposition begins or as soon thereafter as the disqualification

becomes known or could be discovered with reasonable diligence.

(3) As to Taking of Deposition.

(A) Objections to the competency of a witness or to

the competency, relevancy, or materiality of testimony are not

waived by failure to make them before or during the taking of the

deposition unless the ground of the objection is one that might have

been obviated or removed if presented at that time.

(B) Errors and irregularities occurring at the oral

examination in the manner of taking the deposition, in the form of

the questions or answers, in the oath or affirmation, or in the

conduct of parties and errors of any kind that might be obviated,

removed, or cured if promptly presented are waived unless timely

objection to them is made at the taking of the deposition.

(C) Objections to the form of written questions

submitted under rule 1.320 are waived unless served in writing

upon 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.

(4) As to Completion and Return. Errors and

irregularities in the manner in which the testimony is transcribed

or the deposition is prepared, signed, certified, or otherwise dealt

with by the officer under rules 1.310 and 1.320 are waived unless a

motion to suppress the deposition or some part of it is made with

reasonable promptness after the defect is, or with due diligence

might have been, discovered.