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FL · rules

Fla. R. Civ. P.–S.V.P. 4.390

Depositions of Expert Witnesses

activein force · 2024-01-01 – presentact-effective-date

(a) Definition. The term “expert witness” as used herein

applies exclusively to a person duly and regularly engaged in the

practice of a profession who holds a professional degree from a

university or college and has had special professional training and

experience, or one possessed of special knowledge or skill about the

subject upon which called to testify.

(b) Procedure. The testimony of an expert or skilled witness

may be taken at any time before the trial in accordance with the

rules for taking depositions and may be used at trial, regardless of

Florida Rules of Civil Procedure for

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the place of residence of the witness or whether the witness is

within the distance prescribed by rule 4.330(a)(2)(B). No special

form of notice need be given that the deposition will be used for

trial.

(c) Fee. An expert or skilled witness whose deposition is

taken is allowed a witness fee in such reasonable amount as the

court may determine. The court must also determine a reasonable

time within which payment must be made, if the deponent and

party cannot agree. All parties and the deponent must be served

with notice of any hearing to determine the fee.

(d) Applicability. Nothing in this rule prevents the taking of

any deposition as otherwise provided by law.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
3672385eb922e7fc396e7a45e55f44ceb58a8ddd03a3f7a8a55e71db33d5a60e
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