The Florida Rules of Civil Procedure let any party depose any person once a lawsuit has been filed. Rule 1.310 is the main one, and it governs how you notice a deposition, who has to appear, what can be asked, how testimony gets recorded, and how it later gets used at trial. Related rules cover subpoenas (1.410), scope and protective orders (1.280), trial use (1.330), and sanctions (1.380).1The Florida Bar. Florida Rules of Civil Procedure Read together, they set the framework for pretrial sworn testimony in Florida civil cases.
How to Notice a Deposition
The party taking the deposition must serve a written notice on every other party. The notice identifies the witness by name and address, or by a description sufficient to identify them, and states the time and place of the examination. If the witness is being asked to bring documents, the notice must list them.1The Florida Bar. Florida Rules of Civil Procedure
The rule calls for “reasonable notice” without setting a specific number of days. Florida practitioners commonly treat five days as a working minimum, but the rule itself doesn’t mandate that figure, and a court can shorten or extend the period for good cause.1The Florida Bar. Florida Rules of Civil Procedure
One early-case restriction affects plaintiffs. A plaintiff who wants to depose someone within 30 days after serving the complaint must first get leave of court. That requirement is waived if the defendant has already begun its own discovery, or if the plaintiff’s notice states that the witness is about to leave the state and would otherwise be unavailable.1The Florida Bar. Florida Rules of Civil Procedure
Where a Witness Can Be Compelled to Appear
Rule 1.410 limits where a witness can be forced to sit for a deposition. A person may be required to attend only in the county where they reside, work, or regularly conduct business in person, unless a court orders otherwise.1The Florida Bar. Florida Rules of Civil Procedure The same county-based standard applies to residents and non-residents alike.
In practice, parties often agree on a convenient location such as a court reporter’s office or an attorney’s conference room. A witness who thinks the chosen place creates an undue burden can seek a protective order under Rule 1.280(c) to have it changed.
Getting the Witness to Show Up
Whether you need a subpoena depends on who the witness is. A party, or an officer of a corporate party, must appear on the notice alone. For anyone else, you serve a subpoena under Rule 1.410, which can be issued by the clerk of court or by any attorney of record.1The Florida Bar. Florida Rules of Civil Procedure
If the witness needs to bring documents, use a subpoena duces tecum. It must specifically describe the records or items to be produced, and the same description must appear in the notice served on other parties so they can object or request copies.1The Florida Bar. Florida Rules of Civil Procedure Florida law also requires tender of a statutory attendance fee to subpoenaed witnesses; the amount is small but skipping it can give the witness grounds to challenge the subpoena.2Florida Senate. Florida Statutes Chapter 92
Depositions of Corporations and Other Entities
When testimony is needed from a corporation, partnership, government agency, or similar entity, the notice names the organization itself and describes the topics with reasonable detail. The organization then designates one or more people to testify on its behalf and may specify who will cover which subject.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure 1.080 and 1.310
Those designees must testify about everything the organization knows or can reasonably find out on the listed topics. If the entity sends someone who hasn’t been adequately prepared, the testimony still binds the organization, and the court may treat the gaps as a discovery failure. The deposing side is not locked into this method and can separately notice individual employees by name.
What Happens During the Deposition
The scope of questioning is broad. Parties can ask about anything relevant to the claims or defenses, even if the answer would not itself be admissible at trial, as long as the question appears reasonably likely to lead to admissible evidence. Objections must be brief and non-argumentative. The reporter notes them, the witness answers anyway, and the court rules later if the objection matters.4The Florida Bar. Florida Rules of Civil Procedure – Rule 1.310
An attorney can instruct a witness not to answer in only three situations: to protect a legal privilege such as attorney-client communications, to enforce a discovery limitation the court has already ordered, or to set up an immediate motion under Rule 1.310(d) asking the court to stop or limit the deposition. Outside those situations, coaching through speaking objections or blocking questions is improper and can lead to sanctions.4The Florida Bar. Florida Rules of Civil Procedure – Rule 1.310
Unlike the federal rules, which cap a deposition at seven hours, Florida sets no fixed time limit. Questioning continues until the parties finish or the court intervenes. If a deposition drags on unreasonably or is being conducted in bad faith, any party or the witness can move under Rule 1.310(d) to terminate or limit it.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure 1.080 and 1.310
Remote Depositions
Florida allows depositions by “communication technology,” meaning any electronic platform that lets all participants hear, see, and speak to each other in real time. Taking one requires either a written stipulation among all parties or a court order, and the notice must state that the deposition is remote and identify the technology.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure 1.080 and 1.310
A party who objects to the remote format must file a written objection within 10 days of receiving the motion or notice, or the objection is waived. If the proceeding involves someone’s mental capacity or competency, audio-only isn’t enough; audio-video is required.5Florida 19th Circuit Court. Florida Rules of General Practice and Judicial Administration Rule 2.530 The oath must still be administered by a person authorized to do so in the location where the witness is physically sitting.6The Florida Legislature. Florida Statutes 117.021 – Electronic Notarization
Recording the Testimony
The default method is stenographic recording by a certified court reporter, who administers the oath and produces the written transcript. Any party may also record on video without a court order or the other side’s agreement, but the notice must say so in its title and identify the recording method and, if applicable, the camera operator.7The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.070, 1.310, 1.351
When a deposition is on video, a court reporter must simultaneously produce a stenographic transcript unless all parties waive that requirement. At the start of the video, the officer appears on camera, identifies the case, states the date, and swears in the witness. The party requesting the video pays the initial cost and is responsible for safekeeping; other parties may view the recording and can obtain copies at their own expense.7The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.070, 1.310, 1.351
Reviewing and Signing the Transcript
After the deposition, the witness has the right to review the transcript and make corrections to form (typos, mishearings) and substance (changing an answer). No reason is required to request review, but any substantive change must be listed with the witness’s stated reason, and the original answer stays in the record. Changes are attached to the transcript, not substituted for the original, so opposing counsel can cross-examine on any revisions at trial.
The witness has a “reasonable time” to review and sign after receiving the transcript. If the witness never signs, the reporter notes the refusal or inability, and the deposition can still be used as though it were signed. A court may reject an unsigned deposition if the reasons for refusing warrant it, but that outcome is unusual.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure 1.080 and 1.310
Using a Deposition at Trial
A deposition is not automatically admissible. Rule 1.330 spells out when it can be read or played to the jury:
- Any party may use any deposition to impeach a witness who testifies differently at trial.
- The deposition of a party, or of a corporate designee who testified under Rule 1.310(b)(6), can be used by the opposing side for any purpose.
- A deposition may substitute for live testimony if the witness has died, is more than 100 miles from the courthouse, is too ill or infirm to attend, or cannot be located despite reasonable efforts.
- The deposition of an expert or skilled witness may be used by any party for any purpose, regardless of availability.
- The court retains discretion to allow deposition use whenever justice requires it.
If one side introduces only part of a deposition, the opposing side can require any other portion to be read in as fairness demands.1The Florida Bar. Florida Rules of Civil Procedure
Expert Witness Depositions
Because an expert’s deposition can be used at trial for any purpose regardless of availability, taking one effectively preserves that testimony no matter what happens later. No special form of notice is required to signal an intent to use the deposition at trial.8Florida Office of the Attorney General. Expert Witness Fees and Administrative Procedure Act
The expert is entitled to a reasonable witness fee set by the court and taxed as a litigation cost. The rule doesn’t fix a dollar amount; courts assess the expert’s field, the complexity of the subject, and the time required. The deposing party typically pays initially, and the fee may be recoverable from the losing side at the end of the case.8Florida Office of the Attorney General. Expert Witness Fees and Administrative Procedure Act
Protective Orders
When a deposition creates an unfair burden, any party or the witness can seek a protective order under Rule 1.280(c). The court has wide latitude to limit the topics, change the location, restrict who may attend, or cancel the deposition. The movant must show good cause, which usually means something more specific than general inconvenience.
Common grounds include trade secrets at risk of disclosure, depositions noticed to harass, and situations where the same testimony has already been obtained through other discovery. If the motion is denied, the court can order the deposition to proceed on whatever terms it considers fair, and the losing side on a protective order motion may be ordered to pay the other party’s attorney fees and expenses.
Sanctions for Skipping or Stonewalling
Rule 1.380 gives Florida courts substantial power over discovery failures, and deposition no-shows sit near the top. Before filing a motion to compel, the moving party must certify a good-faith effort to resolve the dispute without court involvement. When the motion is granted, the court must generally order the non-compliant party or their attorney to pay the other side’s reasonable expenses, including attorney fees, unless the failure was substantially justified.
If a party ignores a court order compelling attendance or answers, consequences escalate. The court can treat disputed facts as established against the disobedient party, bar that party from presenting evidence on certain claims or defenses, strike pleadings, stay the case until the order is obeyed, enter a default judgment, or hold the party in contempt. Florida courts regularly dismiss cases or enter defaults when a party stonewalls after being ordered to comply.
For a non-party witness the remedy is narrower. A non-party who defies a subpoena can be held in contempt of the issuing court, but the broader litigation sanctions such as striking pleadings do not apply to someone who isn’t a party to the case.