Florida Family Law Rule 12.390
RULE 12.390. DEPOSITIONS OF EXPERT WITNESSES
(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
the place of residence of the witness or whether the witness is
within the distance prescribed by rule 12.330(a)(3)(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 must be 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. Any
reasonable fee paid to an expert or skilled witness may be taxed as
costs.
(d) Applicability. Nothing in this rule prevents the taking of
any deposition as otherwise provided by law.
(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
the place of residence of the witness or whether the witness is
within the distance prescribed by rule 12.330(a)(3)(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 must be 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. Any
reasonable fee paid to an expert or skilled witness may be taxed as
costs.
(d) Applicability. Nothing in this rule prevents the taking of
any deposition as otherwise provided by law.