Fla. R. Civ. P.–S.V.P. 4.330

(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 witness, whether or not a party,

may be used by any party for any purpose if the court finds:

(A) the witness is dead;

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Involuntary Commitment of Sexually Violent Predators

(B) 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) the witness is unable to attend or testify

because of age, illness, infirmity, or imprisonment;

(D) 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.

(3) 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.

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

rule 4.310(c), 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 does not

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

subdivision (a) 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.

Florida Rules of Civil Procedure for

Involuntary Commitment of Sexually Violent Predators

(d) Effect of Errors and Irregularities.

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

notice for taking deposition are waived unless a 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 the objection is made before the taking

of the deposition begins or as soon thereafter as the disqualification

becomes known or could be discovered with reasonable diligence.