Fla. Fam. L. R. P. 12.310

(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 upon oral examination. Leave of

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

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

the process and initial pleading on any respondent, except that

leave is not required (1) if a respondent has served a notice of taking

deposition or otherwise sought discovery, or (2) if special notice is

given as provided in subdivision (b)(2). The attendance of witnesses

may be compelled by subpoena as provided in rule 12.410. The

deposition of a person confined in prison may be taken only by

leave of court on such terms as the court prescribes.

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

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

upon 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, and if the deposition is to be

taken through the use of communication technology, the parties

shall provide the subpoenaed documents no later than 5 days prior

to the deposition.

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

deposition by petitioner 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 be

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) Court Reporter. Audiovisually recorded

depositions must also be stenographically recorded by a certified

court reporter, unless all parties agree otherwise. If all parties have

agreed to waive the requirement of stenographic recording, then in

addition to the requirements of subdivision (b)(4)(A), the notice or

subpoena setting deposition shall set forth that agreement.

(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 Obtaining

Copies. The attorney for the party, or the self-represented litigant,

requesting the audiovisual recording of the deposition must take

custody of and be responsible for the safeguarding of the recording.

If requested, an attorney or self-represented litigant safeguarding a

recording must provide a copy of the recording at the expense of the

party requesting the copy unless the court order otherwise. An

attorney or self-represented litigant safeguarding a recording may

condition providing a copy of the recording upon receipt of

payment. An attorney or self-represented litigant who fails to

safeguard a recording or provide a copy as set forth in this

subdivision may be subject to sanctions.

(E) Cost of Audiovisually Recorded Depositions.

The party requesting the audiovisual recording bears the initial cost

of the recording.

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

by a request made in compliance with rule 12.350 for the

production of documents and tangible things at the taking of the

deposition. The procedure of rule 12.350 applies to the request.

Rule 12.351 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, and designate with reasonable particularity

the matters on which examination is requested. The organization so

named must designate one 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 preclude 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. A court official must determine whether good cause exists

before authorizing the use of communication technology for the

taking of a deposition, but a motion filed under this subdivision

shall not require a hearing. The order may prescribe the manner in

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, guardian, guardian ad litem, or

attorney ad litem 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. The

provisions of this subdivision do not alter the requirements of rule

12.407 that a court order must be obtained before a minor child

may be deposed or brought to a deposition.

(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. The testimony must be taken

stenographically or recorded via audio-video communication

technology 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 during 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 such 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 subdivision (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 12.280(d). If the

order terminates the examination, it shall 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. The provisions of rule 12.380(a)(4) apply to the award of

expenses incurred in relation to the motion.

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

transcript must be furnished 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 furnished to the witness, the officer

signs the transcript and states on the transcript the waiver, illness,

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

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

12.330(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) On payment of reasonable charges therefor the

officer must furnish 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

12.280(j) 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 furnish 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 12.280(j).

(g) 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 with the deposition and

another party attends in person or by attorney pursuant to 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.