Florida Family Law Rule 12.300
RULE 12.300. PERSONS BEFORE WHOM DEPOSITIONS MAY
BE TAKEN
(a) Persons Authorized. Depositions may be taken before
any notary public or judicial officer or before any officer authorized
by the statutes of Florida to take acknowledgments or proof of
executions of deeds or by any person appointed by the court in
which the action is pending.
(b) In Foreign Countries. In a foreign country, depositions
may be taken (1) on notice before a person authorized to administer
oaths in the place in which the examination is held, either by the
law thereof or by the law of Florida or of the United States, (2)
before a person commissioned by the court, and a person so
commissioned shall have the power by virtue of the commission to
administer any necessary oath and take testimony, or (3) pursuant
to a letter of request. A commission or a letter of request must be
issued on application and notice and on terms that are just and
appropriate. It is not requisite to the issuance of a commission or a
letter of request that the taking of the deposition in any other
manner is impracticable or inconvenient, and both a commission
and a letter of request may be issued in proper cases. A notice or
commission may designate the person before whom the deposition
is to be taken either by name or descriptive title. A letter of request
may be addressed “To the Appropriate Authority in .....(name of
country)......” Evidence obtained in response to a letter of request
need not be excluded merely for the reason that it is not a verbatim
transcript or that the testimony was not taken under oath or any
similar departure from the requirements for depositions taken
within Florida under these rules.
(c) Selection by Stipulation. If the parties so stipulate in
writing, depositions may be taken before any person at any time or
place upon any notice and in any manner and when so taken may
be used like other depositions.
(d) Persons Disqualified. Unless so stipulated by the
parties, no deposition may be taken before a person who is a
relative, employee, attorney, or counsel of any of the parties, is a
relative or employee of any of the parties’ attorneys or counsel, or is
financially interested in the action.
BE TAKEN
(a) Persons Authorized. Depositions may be taken before
any notary public or judicial officer or before any officer authorized
by the statutes of Florida to take acknowledgments or proof of
executions of deeds or by any person appointed by the court in
which the action is pending.
(b) In Foreign Countries. In a foreign country, depositions
may be taken (1) on notice before a person authorized to administer
oaths in the place in which the examination is held, either by the
law thereof or by the law of Florida or of the United States, (2)
before a person commissioned by the court, and a person so
commissioned shall have the power by virtue of the commission to
administer any necessary oath and take testimony, or (3) pursuant
to a letter of request. A commission or a letter of request must be
issued on application and notice and on terms that are just and
appropriate. It is not requisite to the issuance of a commission or a
letter of request that the taking of the deposition in any other
manner is impracticable or inconvenient, and both a commission
and a letter of request may be issued in proper cases. A notice or
commission may designate the person before whom the deposition
is to be taken either by name or descriptive title. A letter of request
may be addressed “To the Appropriate Authority in .....(name of
country)......” Evidence obtained in response to a letter of request
need not be excluded merely for the reason that it is not a verbatim
transcript or that the testimony was not taken under oath or any
similar departure from the requirements for depositions taken
within Florida under these rules.
(c) Selection by Stipulation. If the parties so stipulate in
writing, depositions may be taken before any person at any time or
place upon any notice and in any manner and when so taken may
be used like other depositions.
(d) Persons Disqualified. Unless so stipulated by the
parties, no deposition may be taken before a person who is a
relative, employee, attorney, or counsel of any of the parties, is a
relative or employee of any of the parties’ attorneys or counsel, or is
financially interested in the action.