Florida Family Law Rule 12.330
RULE 12.330. USE OF DEPOSITIONS IN COURT PROCEEDINGS
(a) Use of Depositions. At the trial or on 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 party may be used by an
adverse party for any purpose.
(3) The deposition of a witness, whether or not a party,
may be used by any party for any purpose if the court finds:
(A) that the witness is dead;
(B) that 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) that the witness is unable to attend or testify
because of age, illness, infirmity, or imprisonment;
(D) that the party offering the deposition has been
unable to procure the attendance of the witness by subpoena;
(E) on 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.
(4) 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
subdivision (d)(3) of this rule and of rule 12.300(b), 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)(2). 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.
(d) Effect of Errors and Irregularities.
(1) As to Notice. All errors and irregularities in the
notice for taking a deposition are waived unless written objection is
promptly served on 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 made before the taking of the
deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable diligence.
(3) As to Taking of Deposition.
(A) Objections to the competency of a witness or to
the competency, relevancy, or materiality of testimony are not
waived by failure to make them before or during the taking of the
deposition unless the ground of the objection is one that might have
been obviated or removed if presented at that time.
(B) Errors and irregularities occurring at the oral
examination in the manner of taking the deposition, in the form of
the questions or answers, in the oath or affirmation, or in the
conduct of parties and errors of any kind that might be obviated,
removed, or cured if promptly presented are waived unless timely
objection to them is made at the taking of the deposition.
(C) Objections to the form of written questions
submitted under rule 12.320 are waived unless served in writing on
the party propounding them within the time allowed for serving the
succeeding cross or other questions and within 10 days after
service of the last questions authorized.
(4) As to Completion and Return. Errors and
irregularities in the manner in which the testimony is transcribed
or the deposition is prepared, signed, certified, or otherwise dealt
with by the officer under rules 12.310 and 12.320 are waived
unless a motion to suppress the deposition or some part of it is
made with reasonable promptness after the defect is, or with due
diligence might have been, discovered.
(a) Use of Depositions. At the trial or on 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 party may be used by an
adverse party for any purpose.
(3) The deposition of a witness, whether or not a party,
may be used by any party for any purpose if the court finds:
(A) that the witness is dead;
(B) that 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) that the witness is unable to attend or testify
because of age, illness, infirmity, or imprisonment;
(D) that the party offering the deposition has been
unable to procure the attendance of the witness by subpoena;
(E) on 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.
(4) 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
subdivision (d)(3) of this rule and of rule 12.300(b), 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)(2). 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.
(d) Effect of Errors and Irregularities.
(1) As to Notice. All errors and irregularities in the
notice for taking a deposition are waived unless written objection is
promptly served on 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 made before the taking of the
deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable diligence.
(3) As to Taking of Deposition.
(A) Objections to the competency of a witness or to
the competency, relevancy, or materiality of testimony are not
waived by failure to make them before or during the taking of the
deposition unless the ground of the objection is one that might have
been obviated or removed if presented at that time.
(B) Errors and irregularities occurring at the oral
examination in the manner of taking the deposition, in the form of
the questions or answers, in the oath or affirmation, or in the
conduct of parties and errors of any kind that might be obviated,
removed, or cured if promptly presented are waived unless timely
objection to them is made at the taking of the deposition.
(C) Objections to the form of written questions
submitted under rule 12.320 are waived unless served in writing on
the party propounding them within the time allowed for serving the
succeeding cross or other questions and within 10 days after
service of the last questions authorized.
(4) As to Completion and Return. Errors and
irregularities in the manner in which the testimony is transcribed
or the deposition is prepared, signed, certified, or otherwise dealt
with by the officer under rules 12.310 and 12.320 are waived
unless a motion to suppress the deposition or some part of it is
made with reasonable promptness after the defect is, or with due
diligence might have been, discovered.