Fla. Fam. L. R. P. 12.310

RULE 12.310

DEPOSITIONS UPON ORAL EXAMINATION

(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

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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:

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(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

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