FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY
       COMMITMENT OF SEXUALLY VIOLENT PREDATORS

CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
RULE 4.010. SCOPE AND TITLE OF RULES 
RULE 4.030. NONVERIFICATION OF PLEADINGS 
RULE 4.040. PARTIES 
RULE 4.060. VENUE AND TRANSFERS OF ACTIONS 
RULE 4.070. PROCESS 
RULE 4.080. SERVICE AND FILING OF PLEADINGS, PAPERS, AND
            DOCUMENTS
RULE 4.090. TIME 
RULE 4.100. PLEADINGS AND MOTIONS 
RULE 4.110. MOTIONS
RULE 4.200. APPOINTMENT OF COUNSEL 
RULE 4.220. ADVERSARIAL PROBABLE CAUSE HEARING 
RULE 4.240. TRIAL PROCEEDINGS AFTER FINDING OF
            PROBABLE CAUSE; 5 DAY STATUS HEARING;
            DETERMINATION OF COUNSEL FOR THE
            RESPONDENT; WAIVER OF TIME LIMITATIONS 
RULE 4.260. CONTINUANCE OF TRIAL 
RULE 4.280. GENERAL PROVISIONS GOVERNING DISCOVERY 
RULE 4.310. DEPOSITIONS UPON ORAL EXAMINATION 
RULE 4.330. USE OF DEPOSITION IN COURT PROCEEDINGS 
RULE 4.380. FAILURE TO MAKE DISCOVERY; SANCTIONS
RULE 4.390. DEPOSITIONS OF EXPERT WITNESSES 
RULE 4.410. SUBPOENA 
RULE 4.430. DEMAND FOR JURY TRIAL; WAIVER 
RULE 4.431. TRIAL BY JURY 
RULE 4.440. RULES OF PROCEDURE AND EVIDENCE 
RULE 4.450. APPEAL 
RULE 4.460. POST JUDGMENT HABEAS CORPUS 
RULE 4.470. POST COMMITMENT PROCEEDINGS 
  CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES

Effective 07-09-2009: 13 So. 3d 1025. Initial adoption of rules.

OTHER OPINIONS

Effective Date       Citation          Description
Effective 10-1-12:   95 So.3d 96.      Amended 4.090.
Effective 10-1-13:   118 So.3d 196.    Amended 4.030, 4.080, 4.100,
                                       4.440.
Effective 7-1-14:    140 So.3d 996.    Amended 4.470.
Effective 10-1-22:   346 So.3d 1164.   Amended 4.310.
Effective 1-1-24:    369 So. 3d 179    Amended 4.010, 4.040, 4.060,
                                       4.070, 4.080, 4.090, 4.100, 4.110,
                                       4.200, 4.220, 4.240, 4.260, 4.280,
                                       4.310, 4.330, 4.380, 4.410, 4.430,
                                       4.431, 4.440, 4.450, 4.460, 4.470.
RULE 4.010 cases.      SCOPE AND TITLE OF RULES

      These rules apply to all civil actions filed in the circuit courts
of the State of Florida pursuant to part V, chapter 394, Florida
Statutes. These rules are known as the Florida Rules of Civil
Procedure for Involuntary Commitment of Sexually Violent
Predators and abbreviated as Fla. R. Civ. P. – S.V.P.

RULE 4.030 cases.      NONVERIFICATION OF PLEADINGS

     Every pleading or other document of a party represented by an
attorney need not be verified or accompanied by an affidavit except
when otherwise specifically provided by these rules or an applicable
statute.

RULE 4.040 cases.      PARTIES

     The State of Florida is the petitioner in actions brought under
these rules. Any person alleged to be a sexually violent predator is
designated as the respondent.

RULE 4.060 cases.      VENUE AND TRANSFERS OF ACTIONS

      Venue for bringing a petition under Part V, chapter 394,
Florida Statutes, must be (1) in the county where the respondent
was last charged and convicted of a qualifying offense; (2) if the
person has never been convicted of a qualifying offense in this state
but has been convicted of such an offense in another state or in
federal court, in the county where the person was last convicted of
any offense in this state; or (3) if the person is being confined in this
state pursuant to interstate compact and has a prior or current
conviction for a sexually violent offense, in the county where the
person plans to reside upon release or, if no residence in this state
is planned, in the county where the facility from which the person
to be released is located. If the action is pending in the wrong
county, it may be transferred by motion of any party or on motion
by the court.
RULE 4.070 cases.     PROCESS

      (a) Issuance. The clerk of the court must issue a summons,
a copy of the petition, any accompanying affidavits, and a copy of
the order finding probable cause to the respondent upon receipt of
an order finding probable cause signed by a circuit judge. The
summons must direct the respondent to file an answer to the
petition within ten days after the date of service. The state attorney
must serve a copy of the petition and related documents upon the
attorney appointed to represent the respondent pursuant to rule
4.080. The finding of probable cause is not effective until the
summons is returned served and filed with the clerk of the court.

       (b) Service; By Whom Made. The state attorney must
electronically transmit a copy of the summons, petition, any
accompanying affidavits, and the order finding probable cause to
the person in charge of the facility in which the respondent is
confined. The person in charge of the facility must serve a printed
copy of the summons, the petition, any accompanying affidavits,
and order finding probable cause on the respondent within 24
hours after receiving it and before the respondent is transferred to a
secure facility. The person in charge of the facility in which the
respondent is confined must make a return on the summons within
24 hours after making service, by electronically confirming to the
state attorney that service has been made. The state attorney must
file a copy of the return with the clerk, along with the summons, on
the first business day after receiving it. Additional process may be
issued as in other civil actions.

RULE 4.080 cases.     SERVICE AND FILING OF PLEADINGS, PAPERS,
                AND DOCUMENTS

     (a) Service; When Required. Unless the court otherwise
orders, every pleading subsequent to the initial pleading and every
other document filed in the action, except applications for a witness
subpoena, must be served on the opposing party.

     (b) Service of Subsequent Pleadings Other Than Original
Petition; How Made. When service is required or permitted to be
made upon a party represented by an attorney, service must be
made upon the attorney unless service upon the party is ordered by
the court. Service on the attorney or party must be as required by
Fla. R. Gen. Prac. & Jud. Admin. 2.516.

     (c) Filing. All documents that are “court records” as defined
in the Florida Rules of General Practice and Judicial Administration
must be filed with the clerk in accordance with Fla. R. Gen. Prac. &
Jud. Admin. 2.520 and 2.525.

     (d) Deposit with the Clerk. Any paper document that is a
judgment or required by statute or rule to be sworn to or notarized
must be filed and deposited with the clerk immediately thereafter.
The clerk must maintain deposited original paper documents in
accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.430, unless
otherwise ordered by the court.

RULE 4.090 cases.     TIME

      (a) Computation. Computation of time is governed by
Florida Rule of General Practice and Judicial Administration 2.514.

      (b) Enlargement. When an act is required or allowed to be
done at or within a specified time by order of court, by these rules,
or by notice given thereunder, for cause shown, the court at any
time in its discretion (1) with or without notice, may order the
period enlarged if request therefor is made before the expiration of
the period originally prescribed or as extended by a previous order,
or (2) upon motion made and notice after the expiration of the
specified period, may permit the act to be done when failure to act
was the result of excusable neglect, but it may not extend the time
for making a motion for new trial, for rehearing, or to alter or
amend a judgment.

RULE 4.100 cases.     PLEADINGS AND MOTIONS

     (a) Pleadings. There must be a petition and an answer to it.
The answer must set forth any affirmative defense to the petition,
including the failure of the petition to state a cause of action. No
other pleadings are allowed. All pleadings must comply with the
rules governing pleadings in other civil actions. (Rules 1.100 and
1.110, Fla. R. Civ. P.)

      (b) Motions. An application to the court for an order must
be by motion which must be made in writing unless made during a
hearing or trial, must state with particularity the grounds therefor,
and must set forth the relief or order sought. The requirement of
writing is fulfilled if the motion is stated in a written notice of the
hearing of the motion. All notices of hearing must specify each
motion or other matter to be heard.

      (c) Caption. Every pleading, motion, order, judgment, or
other document must have a caption containing the name of the
court, the uniform case number, the name of the party on each
side, and a designation identifying the party filing it and its nature
or the nature of the order, as the case may be. All documents filed
in the action must clearly indicate the subject matter and the party
requesting or obtaining relief.

RULE 4.110 cases.     MOTIONS

       (a) Motion for Summary Judgment. After the pleadings
and discovery are closed, but within such time as not to delay the
trial, any party may move for summary judgment. Summary
judgment practice is governed by Fla. R. Civ. P. 1.510.

      (b) Motions to Dismiss. Motions directed to the sufficiency
of the petition must be contained in the answer as an affirmative
defense.

       (c) Motion for More Definite Statement. A respondent may
file a motion for a more definite statement which must be
considered a motion for a statement of particulars in response to
the original petition. The motion must disclose the defects in the
petition.

RULE 4.200 cases.     APPOINTMENT OF COUNSEL

     (a) Appointment of Attorney. The presiding judge must
appoint an attorney to represent the respondent at the time an
order finding probable cause is entered. The appointment continues
until the court determines whether the respondent is not entitled to
court appointed counsel, private counsel represents the respondent,
or the respondent waives the right to counsel.

     (b) Waiver of Counsel. The court must conduct an inquiry
as set forth in Faretta v. California, 422 U.S. 4806 (1975), in the
event the respondent unequivocally requests self-representation,
and may consider appointment of stand-by counsel if the
respondent proceeds unrepresented.

RULE 4.220 cases.      ADVERSARIAL PROBABLE CAUSE HEARING

      (a) Time; Waiver. An adversarial probable cause hearing
must be held, within 5 days after service of a demand upon the
petitioner, if the court determines that the failure to begin a trial in
accordance with the time provided in rule 4.240(a) is not the result
of any delay caused by the respondent and the time limitation to
begin the hearing has not been waived. The respondent may waive
the adversarial probable cause hearing in writing or on the record
in open court.

     (b) If Respondent in Department of Children and Family
Services Custody. An adversarial probable cause hearing must be
held, within 5 days after service of a demand upon the petitioner, if
the respondent’s incarcerative sentence has expired and the
respondent has been transferred to the custody of the Department
of Children and Family Services.

      (c) Probable Cause. The court must receive evidence, hear
argument of the attorneys, and determine whether probable cause
exists to believe that the person is a sexually violent predator at the
adversarial probable cause hearing.

     (d) Rights of Respondent. At the adversarial probable
cause hearing, the respondent has the right to:

           (1)   be represented by counsel;

           (2)   present testimony and other evidence;
         (3) cross-examine any witnesses who testify against the
respondent; and

          (4)   view and copy all petitions and reports in the court
file.

     (e) If No Probable Cause. The court must issue an Order of
No Probable Cause and release the respondent from custody if the
evidence does not establish probable cause to believe the
respondent is a sexually violent predator.

RULE 4.240 cases.     TRIAL PROCEEDINGS AFTER FINDING OF
                PROBABLE CAUSE

       (a) 5 Day Status Hearing; Time for Trial; Waiver of Time.
The court must conduct a status hearing within 5 days after the
summons is served. At the hearing, the court must determine if the
respondent is entitled to court appointed counsel and must appoint
counsel if the respondent qualifies for and requests counsel. The
respondent must be given a reasonable time to obtain private
counsel if time is requested for that purpose. A Faretta inquiry must
be conducted if the respondent unequivocally elects self-
representation. The trial to determine if the respondent is a sexually
violent predator must be commenced within 30 days after the
summons has been returned served and filed with the clerk of the
court, unless the respondent waives the 30-day time period in
writing, with a copy to the assigned judge, or on the record in open
court. The court must set a trial date not less than 90 days after the
date of the waiver of the 30-day period. Further continuances will
be allowed only on good cause shown. A future trial date must be
set if a further continuance is allowed.

     (b) Non-Jury or Jury Trial. The trial will be a non-jury trial
unless either party files a demand for jury trial in accordance with
rule 4.430.

      (c) Burden of Persuasion. The burden of proof to determine
if the respondent is a sexually violent predator is clear and
convincing evidence.
      (d) Unanimity. The court must enter final judgment for the
petitioner if a jury unanimously finds the respondent to be a
sexually violent predator.

      (e) Hung Jury; Time for Re-Trial. The court must declare a
mistrial if the jury cannot reach a unanimous verdict. The court
must poll the jury before it is discharged to determine if at least
four jurors would have found the respondent to be a sexually
violent predator.

           (1) A re-trial must be scheduled if at least four jurors
would have found the respondent to be a sexually violent predator.
The re-trial on the petition must commence within 90 days after the
date of the mistrial, unless the case is continued at the request of
the respondent for good cause. The court must enter final judgment
for the respondent if the re-trial is not commenced within 90 days
from the date of the mistrial unless the respondent has waived the
time limit by receiving a continuance.

           (2) If three or more jurors do not find the respondent is
a sexually violent predator, the court must enter a final judgment in
favor of the respondent.

RULE 4.260 cases.     CONTINUANCE OF TRIAL

      A motion for continuance by either party must be in writing
unless made in a hearing in open court and must be signed by the
party or attorney requesting the continuance. The motion must
state the facts that the movant contends entitles the movant to a
continuance. If a continuance is sought on the ground of non-
availability of a witness, the motion must state when the witness
will be available. The trial may be continued once upon the request
of either party for not more than 120 days upon a showing of good
cause, or by the court on its own motion in the interests of justice,
when neither party will be substantially prejudiced. No additional
continuances may be granted unless the court finds that a manifest
injustice would otherwise occur. Continuances should be ordered
only upon a showing of good cause. A motion for continuance on
behalf of the respondent must state the respondent has been
advised of all consequences of the request and of any rights waived
by the motion.

RULE 4.280 cases.     GENERAL PROVISIONS GOVERNING DISCOVERY

     (a) Discovery methods. Parties may obtain discovery by one
or more of the following methods: depositions upon oral
examination; production of documents or things for inspection and
other purposes; and physical and mental examinations.

      (b) Scope of Discovery. Unless otherwise limited by order of
the court in accordance with these rules, the scope of discovery is
as follows:

             (1) In General. Parties may obtain discovery regarding
any matter, not privileged, that is relevant to the subject matter of
the pending action, whether it relates to the claim or defense of the
party seeking discovery, including the existence, description,
nature, custody, condition, and location of any books, documents,
or other tangible things and the identity and location of persons
having knowledge of any discoverable matter. It is not ground for
objection that the information sought will be inadmissible at the
trial if the information sought appears reasonably calculated to lead
to the discovery of admissible evidence.

            (2) Trial Preparation: Materials. Subject to the
provisions of subdivision (b)(1) of this rule, a party may obtain
discovery of documents and tangible things otherwise discoverable
under subdivision (b)(1) of this rule and prepared in anticipation of
litigation for trial only upon a showing that the party seeking
discovery has need of the materials in the preparation of the case
and is unable without undue hardship to obtain the substantial
equivalent of the materials by other means. In ordering discovery of
the materials when the required showing has been made, the court
must protect against disclosure of the mental impressions,
conclusions, opinions, or legal theories of an attorney or other
representative of a party concerning the litigation.

          (3)   Trial Preparation.
                 (A) (i)     The state attorney bringing the action
must disclose the names and addresses of all witnesses to be called
by the petitioner to testify at trial at the time of the filing of the
petition. The respondent must disclose the names and addresses of
all witnesses to be called by the respondent at trial at the time of
filing the answer to the petition. The list of witnesses may be
amended without leave of court until ten days prior to trial.
Thereafter, the witness lists may be amended by leave of court.

                      (ii) The witness list must include the names
and addresses of expert witnesses. A copy of all reports made by
experts must be disclosed as soon as they are received. An expert
may be required to produce financial and business records only
under the most unusual or compelling circumstances and may not
be compelled to compile or produce nonexistent documents. Upon
motion, the court may order further discovery by other means,
subject to such restrictions as to scope and other provisions
pursuant to subdivision (b)(1) of this rule concerning fees and
expenses as the court may deem appropriate.

                     (iii) The state attorney must provide the
respondent with copies of case reports, depositions, witness
statements and other records regarding the respondent’s prior
criminal history and confinement, and any other document or
material reviewed and relied upon by the multidisciplinary team in
evaluating the respondent, within ten days after the summons has
been returned served and filed with the clerk of the court.

                (B) A party may discover facts known or opinions
held by an expert who has been retained or specially employed by
another party in anticipation of litigation or preparation for trial,
and who is not expected to be called as a witness at trial, only upon
a showing of exceptional circumstances under which it is
impracticable for the party seeking discovery to obtain facts or
opinions on the same subject by other means.

                  (C) Expert witnesses must be paid a reasonable
fee for time spent responding to discovery under subdivision
(b)(3)(A) and (b)(3)(B) of this rule unless a manifest injustice would
result. Respondents who are not indigent may be required to pay for
discovery obtained under (b)(3)(A) and must be responsible for
discovery obtained under (b)(3)(B). The state attorney and indigent
respondents must apply for compensation for experts in the manner
prescribed by law.

           (4) Claims of Privilege or Protection of Trial Preparation
Materials. When a party withholds information otherwise
discoverable under these rules by claiming that it is privileged or
subject to protection as trial preparation material, the party must
make the claim expressly and must describe the nature of the
documents, communications, or things not produced or disclosed in
a manner that, without revealing information itself privileged or
protected, will enable other parties to assess the applicability of the
privilege or protection. Attorney work product claims and
preparation for trial privilege claims must be allowed.

      (c) Protective Orders. Upon motion by a party, or by the
person from whom discovery is sought, and for good cause shown,
the court may make any order to protect a party or person from
annoyance, embarrassment, oppression, or undue burden or
expense that justice requires, including one or more of the
following:

          (1)   the discovery not be had;

          (2) the discovery may be had only on specified terms
and conditions, including a designation of the time or place;

           (3) the discovery may be had only by a method of
discovery other than that selected by the party seeking discovery;

           (4) certain matters not be inquired into, or that the
scope of the discovery be limited to certain matters;

          (5) the discovery be conducted with no one present
except persons designated by the court;

           (6) a deposition after being sealed be opened only by
order of the court; and
           (7) the parties simultaneously file specified documents
or information enclosed in sealed envelopes to be opened as
directed by the court. If the motion for a protective order is denied
in whole or in part, the court may, on such terms and conditions as
are just, order that any party or person provide or permit discovery.

     (d) Sequence and Timing of Discovery. Except as provided
in subdivision (b)(1) or unless the court upon motion for the
convenience of parties and witnesses and in the interest of justice
orders otherwise, methods of discovery may be used in any
sequence, and the fact that a party is conducting discovery,
whether by deposition or otherwise, must not delay any other
party’s discovery.

      (e) Supplementing of Responses. A party who has
responded to a request for discovery with a response that was
complete when made is under a continuing duty to supplement the
response to include information thereafter acquired. This provision
applies to the reciprocal discovery obligation of the petitioner and
the respondent to reveal witnesses’ names and addresses on a
continuing basis. The court must inquire into all claims of failure to
disclose and rule appropriately as to duties to disclose and as to
sanctions.

RULE 4.310 cases.     DEPOSITIONS UPON ORAL EXAMINATION

      (a) When Depositions May Be Taken. Any party may take
the testimony of any person, including the respondent, by
deposition upon oral examination after the action is commenced.
The attendance of witnesses may be compelled by subpoena as
provided in Fla. R. Civ. P. 1.410. Unless a provision of this rule
conflicts with the Florida Rules of Civil Procedure, the procedure for
taking the deposition is the same as that provided in the Florida
Rules of Civil Procedure. The deposition of a person in custody,
except the respondent, may be taken only by leave of court on such
terms as the court prescribes.

    (b) Notice; Court Orders; Visual Recording and
Photographs at Depositions; Telephonic Depositions.
           (1) A party desiring to take the deposition of any person
upon oral examination must give reasonable notice in writing to
every 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 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.

           (2) To protect deponents and the rights of the parties
and to ensure compliance with statutes, the court may enter orders,
including but not limited to the orders allowed by rule 4.280(c) and
rule 4.310(d), upon motion of a party, the deponent, or on its own
motion, for good cause shown.

           (3) For deponents 18 years of age or older, a discovery
deposition must not be visually recorded unless ordered by the
court for good cause shown or upon the consent of the parties and
the deponent. For deponents less than 18 years of age, a discovery
deposition must be audio-visually recorded unless otherwise
ordered by the court. No deponent may be photographed during a
discovery deposition.

          (4) On motion, the court may order that the testimony
at a deposition be taken by telephone. The order may prescribe the
manner in which the deposition will be taken. A party may also
arrange for a stenographic transcription at that party’s own initial
expense.

      (c) Examination and Cross-Examination; Record of
Examination; Oath; Objections. Examination and cross-
examination of witnesses may proceed as permitted at trial. The
officer before whom the deposition is to be taken must put the
witness on oath and must personally, or by someone acting under
the officer’s direction, and in the officer’s presence, record the
testimony of the witness, except that when a deposition is taken by
telephone, the witness must be sworn by a person present with the
witness who is qualified to administer the oath in that location. The
testimony must be taken stenographically or recorded by any
means ordered in accordance with subdivision (b). If requested by
one of the parties, the testimony must be transcribed at the initial
cost of the requesting party and prompt notice of the request must
be given to all other parties. All objections made at the time of the
examination to the qualifications of the officer taking the deposition,
the manner of taking it, the evidence presented, or the conduct of
any party, and any other objection to the proceedings must be
noted by the officer upon the deposition. Any objection during a
deposition must be stated concisely and in a non-argumentative
and non-suggestive manner. A party may instruct a deponent not to
answer only when necessary to preserve a privilege, to enforce a
limitation on evidence directed by the court, or to present a motion
under subdivision (d). Otherwise, evidence objected to must be
taken subject to the objections.

      (d) Motion to Terminate or Limit Examination. At any
time during the taking of the deposition, on motion of a party or of
the deponent and upon a showing that the examination is being
conducted in bad faith or in such manner as unreasonably to
annoy, embarrass, or oppress the deponent or party, or that
objection and instruction to a deponent not to answer are being
made in violation of rule 4.310(c), the court in which the action is
pending or the circuit court where the deposition is being taken
may order the officer conducting the examination to cease forthwith
from taking the deposition or may limit the scope and manner of
the taking of the deposition under rule 4.280(c). If the order
terminates the examination, it must be resumed thereafter only
upon the order of the court in which the action is pending. Upon
demand of any party or the deponent, the taking of the deposition
must be suspended for the time necessary to make a motion for an
order.

      (e) Witness Review. A transcript of the testimony must be
furnished to the witness for examination and must be read to or by
the witness unless the witness cannot be found or the examination
and reading are waived by the witness and the parties. Any changes
in form or substance that the witness wants to make must be listed
in writing by the officer with a statement of the reasons given by the
witness for making the changes. The changes must be attached to
the transcript. It must then be signed by the witness unless the
parties waived the signing or the witness refuses to sign.
Transcripts that are not signed by the witness after being made
available for a reasonable time must be signed by the officer, who
must state on the transcript the reason why the witness did not
sign it, such as waiver, illness, absence, or refusal to sign. The
deposition may then be used as fully as though signed unless a
motion to suppress the deposition, or part of it, is made with
reasonable promptness after the defect is, or with due diligence
might have been, discovered and the court holds that the reasons
given for the refusal to sign require rejection of the deposition
wholly or partly.

     (f)   Filing; Exhibits.

           (1) If the deposition is transcribed, the officer must
certify on each copy of the deposition that the witness was duly
sworn by the officer and that the deposition is a true record of the
testimony given by the witness. Documents and things produced for
inspection during the deposition must be marked for identification
and annexed to and returned with the deposition upon the request
of a party and may be inspected and copied by any party except
that the person producing the materials may substitute copies to be
marked for identification if that person affords to all parties fair
opportunity to verify the copies by comparison with the originals. If
the person producing the materials requests their return, the officer
must mark them, give each party an opportunity to inspect and
copy them, and return them to the person producing them and the
materials may then be used in the same manner as if annexed to
and returned with the deposition.

           (2) The officer must furnish a copy of the deposition to
any party, or to the deponent, upon payment of reasonable charges.
The cost of transcripts ordered by the state attorney or an indigent
respondent must be paid in the manner prescribed by law.

           (3) A copy of a deposition may be filed only under the
following circumstances:
                 (A) It may be filed by a party or the witness when
the contents of the deposition must be considered by the court on
any matter pending before the court. Prompt notice of the filing on
the deposition must be given to all parties unless notice is waived. A
party filing the deposition must furnish a copy of the deposition or
the part being filed to other parties unless the party already has a
copy.

                (B) The court may order a copy of the deposition
be filed by any party if the deposition is necessary to decide a
matter pending before the court.

     (g) Obtaining Copies. A party or witness who does not have
a copy of the deposition may obtain it from the officer taking the
deposition unless the court orders otherwise. If the deposition is
obtained from a person other than the officer, the reasonable cost of
reproducing the copies must be paid to the person by the
requesting party or witness.

RULE 4.330 cases.     USE OF DEPOSITION IN COURT PROCEEDINGS

     (a) Use of Depositions. At the trial or upon 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 witness, whether or not a party,
may be used by any party for any purpose if the court finds:

                (A)   the witness is dead;
                 (B) 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) the witness is unable to attend or testify
because of age, illness, infirmity, or imprisonment;

               (D) the party offering the deposition has been
unable to procure the attendance of the witness by subpoena;

                  (E) upon 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.

           (3) 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
rule 4.310(c), 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) of this rule. 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 deposition are waived unless a written objection is
promptly served upon 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 the objection is made before the taking
of the deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable diligence.

RULE 4.380 cases.     FAILURE TO MAKE DISCOVERY; SANCTIONS

     (a) Motion for Order Compelling Discovery. A party may
apply for an order compelling discovery upon reasonable notice to
the other party and all persons affected, as follows:

           (1) Motion. If a deponent fails to answer a question
propounded or submitted under rule 4.310, fails to respond that
the examination will be permitted as requested, or fails to submit to
or to produce a person in that party’s custody or legal control for
examination, the discovering party may move for an order
compelling an answer, or a designation or an order compelling
inspection, or an order compelling an examination in accordance
with the request. The motion must include a certification that the
movant, in good faith, has conferred or attempted to confer with the
person or party failing to make the discovery in an effort to secure
the information or material without court action. When taking a
deposition on oral examination, the proponent of the question may
complete or adjourn the examination before applying for an order. If
the court denies the motion in whole or in part, it may make such
protective order as it would have been empowered to make on a
motion made pursuant to rule 4.280(c).

            (2) Evasive or Incomplete Answer. For purposes of this
subdivision, an evasive or incomplete answer must be treated as a
failure to answer.

     (b)   Failure to Comply with Order.
           If a deponent fails to be sworn or to answer a question
after being directed to do so by the court, the failure may be
considered a contempt of the court, or, if the deponent is a party,
the court may enter any of the following orders:

           (1) an order that the matters regarding which of the
questions were asked or any other designated facts shall be taken
to be established for the purposes of the action in accordance with
the claim of the party obtaining the order;

          (2) an order refusing to allow the disobedient party to
support or oppose designated claims or defenses, or prohibiting that
party from introducing designated matters in evidence;

           (3) an order striking out pleadings or parts of them or
staying further proceedings until the order is obeyed, or dismissing
the action or proceeding or any part of it, or rendering a judgment
by default against the disobedient party;

          (4) instead of any of the foregoing orders or in addition
to them, an order treating as a contempt of court the failure to obey
any orders except an order to submit to an examination made
pursuant to rule 4.360(b)(2); or

             (5) an order imposing the sanctions listed in paragraph
(1), (2), or (3) of this subdivision if the respondent fails to submit to
an examination as ordered.

RULE 4.390 cases.     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 4.330(a)(2)(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 is 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.

     (d) Applicability. Nothing in this rule prevents the taking of
any deposition as otherwise provided by law.

RULE 4.410 cases.    SUBPOENA

     (a) Subpoena Generally. Subpoenas for testimony before
the court, subpoenas for production of tangible evidence, and
subpoenas for taking depositions may be issued by the clerk of
court or by any attorney of record in an action.

      (b) Subpoena for Testimony before the Court. Every
subpoena for testimony before the court must be issued by an
attorney of record in an action or by the clerk under the seal of the
court and must state the name of the court and the title of the
action and must command each person to whom it is directed to
attend and give testimony at a time and place specified in it. On
oral request of an attorney or party and without praecipe, the clerk
must issue a subpoena for testimony before the court or a
subpoena for the production of documentary evidence before the
court signed and sealed but otherwise in blank, both as to the title
of the action and the name of the person to whom it is directed, and
the subpoena must be filled in before service by the attorney or
party.

     (c) For Production of Documentary Evidence. A subpoena
may also command the person to whom it is directed to produce the
books, papers, documents, or tangible things designated therein,
but the court, upon motion made promptly and in any event at or
before the time specified in the subpoena for compliance therewith,
may:

         (1) quash or modify the subpoena if it is unreasonable
and oppressive, or

           (2) condition denial of the motion upon the
advancement by the person in whose behalf the subpoena is issued
of the reasonable cost of producing the books, papers, documents,
or tangible things. A party seeking production of evidence at trial
which would be subject to a subpoena may compel such production
by serving a notice to produce such evidence on an adverse party as
provided in rule 4.070(b). Such notice has the same effect and is
subject to the same limitations as a subpoena served on the party.

     (d) Service. A subpoena may be served by any person
authorized by law to serve process or by any other person who is
not a party and who is not less than 18 years of age. Service of a
subpoena upon a person named therein must be made as provided
by law. Proof of such service must be made by affidavit of the
person making service if not served by an officer authorized by law
to do so.

     (e)   Subpoena for Taking Depositions.

            (1) Filing a notice to take a deposition as provided in
rule 4.310(b) with a certificate of service on it showing service on all
parties to the action constitutes an authorization for the issuance of
subpoenas for the persons named or described in the notice by the
clerk of the court in which the action is pending or by an attorney of
record in the action. The subpoena may command the person to
whom it is directed to produce designated books, papers,
documents, or tangible things that constitute or contain evidence
relating to any of the matters within the scope of the examination
permitted by rule 4.280(b), but in that event the subpoena will be
subject to the provisions of rule 4.280(c) and subdivision (c) of this
rule. Within 10 days after its service, or on or before the time
specified in the subpoena for compliance if the time is less than 10
days after service, the person to whom the subpoena is directed
may serve written objection to inspection or copying of any of the
designated materials. If objection is made, the party serving the
subpoena is not entitled to inspect and copy the materials except
pursuant to an order of the court from which the subpoena was
issued. If objection has been made, the party serving the subpoena
may move for an order at any time before or during the taking of the
deposition upon notice to the deponent.

           (2) A person may be required to attend an examination
only in the county wherein the person resides or is employed or
transacts business in person or at such other convenient place as
may be fixed by an order of court.

     (f)  Contempt. Failure by any person without adequate
excuse to obey a subpoena served upon that person may be deemed
contempt of the court from which the subpoena issued.

      (g) Subpoena of Minor. Any minor subpoenaed for
testimony has the right to be accompanied by a parent or guardian
at all times during the taking of testimony notwithstanding the
invocation of the rule of sequestration of section 90.616, Florida
Statutes, except upon a showing that the presence of a parent or
guardian is likely to have a material, negative impact on the
credibility or accuracy of the minor’s testimony, or that the interests
of the parent or guardian are in actual or potential conflict with the
interests of the minor.

RULE 4.430 cases.     DEMAND FOR JURY TRIAL; WAIVER

      (a) Right Preserved. The right of trial by jury as declared by
the constitution or by statute must be preserved to the parties
inviolate.

      (b) Waiver of Jury Trial; Demand. The trial must be before
the court without a jury unless the petitioner files a demand for
jury trial with the petition or the respondent files such a demand
with the answer.

     (c) Late Demand for Jury Trial. If waived, a jury trial may
not be granted without the consent of the parties, but the court
may allow an amendment in the proceedings to demand a trial by
jury or order a trial by jury on its own motion.

RULE 4.431 cases.      TRIAL BY JURY

     (a)   Number of Jurors.

           (1)   The jury must be composed of six persons.

           (2) The court may direct that 1 or more jurors be
impaneled to sit as alternate jurors in addition to the regular panel.
Alternate jurors must replace jurors who have become unable or
disqualified to perform their duties, in the order in which they are
called before the jury retires to consider its verdict. Alternate jurors
must be drawn in the same manner, have the same qualifications,
be subject to the same examination, take the same oath, and have
the same functions, powers, facilities, and privileges as principal
jurors. An alternate juror who does not replace a principal juror
must be discharged when the jury retires to consider the verdict.

          (3) If alternate jurors are called, each party is entitled
to one peremptory challenge in the selection of each alternate juror.
Additional peremptory challenges allowed pursuant to this
subdivision may be used only against the alternate jurors.

     (b) Examination by Parties. The parties have the right to
examine jurors orally on their voir dire. The order in which the
parties may examine each juror is determined by the court. The
court may ask such questions of the jurors as it deems necessary,
but the right of the parties to conduct a reasonable examination of
each juror orally must be preserved.

      (c) Juror List. Upon request, any party must be furnished
by the clerk of the court with a list containing names and addresses
of prospective jurors summoned to try the case together with copies
of any jury questionnaires returned by the prospective jurors.

      (d) Challenge to the Panel. Both parties may challenge the
panel. A challenge to the panel may be made only on the ground
that the prospective jurors were not selected or drawn according to
law. Challenges to the panel must be made and decided before any
individual juror is examined, unless otherwise ordered by the court.
A challenge to the panel must be in writing and must specify the
facts constituting the ground of the challenge. Challenges to the
panel must be tried by the court. Upon the trial of a challenge to
the panel, the witnesses may be examined on oath by the court and
may be so examined by either party. If the challenge to the panel is
sustained, the court must discharge the panel. If the challenge is
not sustained, the individual jurors must be called.

      (e) Oath for Voir Dire. The prospective jurors must be
sworn collectively or individually, as the court may decide. The form
of oath must be as follows:

          “Do your solemnly swear (or affirm) that you
          will answer truthfully all questions asked of
          you as prospective jurors, so help you God?”

If any prospective juror affirms, the clause “so help you God” must
be omitted.

      (f)   Examination. The court may then examine each
prospective juror individually or may examine the prospective jurors
collectively. Counsel for both the state and the respondent have the
right to examine jurors orally on their voir dire. The order in which
the parties may examine each juror must be determined by the
court.

     (g) Prospective Jurors Excused. If, after the examination of
any prospective juror, the court is of the opinion that the juror is
not qualified to serve as a trial juror, the court must excuse the
juror from the trial. If, however, the court does not excuse the juror,
either party may then challenge the juror, as provided by law or by
these rules.

      (h) Time for Challenge. Both parties may challenge an
individual prospective juror before the juror is sworn to try the
cause; except that the court may, for good cause, permit a challenge
to be made after the juror is sworn, but before any evidence is
presented.
      (i)  Exercise of Challenge. On the motion of any party, all
challenges must be addressed to the court outside the hearing of
the jury panel in a manner selected by the court so that the jury
panel is not aware of the nature of the challenge, the party making
the challenge, or the basis of the court’s ruling on the challenge, if
for cause.

     (j)  Manner of Challenge. A challenge to an individual juror
may be oral. When a juror is challenged for cause the ground of the
challenge must be stated.

     (k) Determination of Challenge for Cause. The court must
determine the validity of a challenge of an individual juror for
cause. In making such determination, the juror challenged and any
other material witnesses, produced by the parties, may be examined
on oath by either party. The court may consider any other evidence
material to such challenge.

     (l)  Number of Challenges. Each party must be allowed
three peremptory challenges.

      (m) Alternate Jurors. If 1 or 2 alternate jurors are called,
each party is entitled to 1 peremptory challenge, in addition to
those otherwise allowed by law, for each alternate juror so called.
The additional peremptory challenge may be used only against the
alternate juror and the other peremptory challenges allowed by law
must not be used against the alternate juror.

     (n) Additional Challenges. The trial judge may exercise
discretion to allow additional peremptory challenges when
appropriate.

    (o) Oath of Trial Jurors. The following oath must be
administered to the jurors:

           “Do you solemnly swear (or affirm) that you
           will well and truly try the issues between the
           State of Florida and the respondent and render
           a true verdict according to the law and the
           evidence, so help you God?”
If any juror affirms, the clause “so help you God” must be omitted.

      (p) Interview of a Juror. A party who believes that grounds
for legal challenge to a verdict exist may move for an order
permitting an interview of a juror or jurors to determine whether
the verdict is subject to the challenge. The motion must be served
within 10 days after rendition of the verdict unless good cause is
shown for the failure to make the motion within that time. The
motion must state the name and address of each juror to be
interviewed and the grounds for challenge that the party believes
may exist. After notice and hearing, the trial judge must enter an
order denying the motion or permitting the interview. If the
interview is permitted, the court may prescribe the place, manner,
conditions, and scope of the interview.

RULE 4.440 cases.     RULES OF PROCEDURE AND EVIDENCE

      (a) Applicable Law. In all commitment proceedings initiated
under part V, chapter 394, Florida Statutes and this rule, the
following applies:

          (1) The Florida Rules of Civil Procedure, Florida Rules
of Evidence, and Florida Rules of General Practice and Judicial
Administration apply unless otherwise superseded by these rules.

          (2) Habeas corpus proceedings brought under rule
4.460 are governed by Fla. R. Crim. P. 3.850.

           (3) The psychotherapist-patient privilege under section
90.503, Florida Statutes, does not apply to any communication
relevant to an issue pertaining to an involuntary civil commitment
proceeding.

          (4) Evidence of prior behavior by the person subject to
the proceedings, if relevant to prove the person is a sexually violent
predator, may be considered by the judge or jury.

          (5) Hearsay evidence, including reports of the
multidisciplinary team or reports prepared on behalf of the
multidisciplinary team, is admissible unless the trial judge finds
that the evidence is not reliable. However, hearsay evidence may not
serve as the sole basis for the involuntary civil commitment of a
person subject to the proceedings.

     (b) Department of Children and Family Services Rules.
No rule adopted by the Department of Children and Family Services
pursuant to section 394.930, Florida Statutes, constitutes (1) an
evidentiary predicate for the admission of any testimony of physical
evidence; (2) a basis for excluding or limiting the presentation of
any testimony or physical evidence; or (3) elements of the cause of
action the state must allege or prove, in any proceeding initiated
under part V, chapter 394 Florida Statutes, and these rules.

     (c) Non-compliance with Rules. The failure of either party
to comply with these rules does not constitute a defense in any
proceedings initiated under part V, chapter 394, Florida Statutes.

RULE 4.450 cases.    APPEAL

    (a) Rule. An appeal to review a final judgment must be
pursuant to Fla. R. App. P. 9.110.

      (b) Appeal for an Indigent. An indigent respondent who
requests the appointment of counsel for appeal must file an
affidavit to establish entitlement to the appointment. The public
defender of the circuit in which the respondent was determined to
be a sexually violent predator must be appointed to represent an
indigent respondent on appeal. The public defender may request
the public defender who handles criminal appeals to represent a
respondent as provided in section 27.51(4), Florida Statutes.

RULE 4.460 cases.    POST JUDGMENT HABEAS CORPUS

       The respondent may file a petition for habeas corpus alleging
ineffective assistance of counsel in the county in which the
judgment was rendered within two years after the judgment
becomes final. All other habeas corpus petitions, including petitions
filed pursuant to section 394.9215(1)(a), Florida Statutes, must be
filed in the county where the facility in which the petitioner is
confined is located.
RULE 4.470 cases.     POST COMMITMENT PROCEEDINGS

      (a) Examination. A respondent committed after a trial is
entitled to examination of his or her mental condition at least one
time each year. Examinations may be ordered more frequently at
the discretion of the court.

     (b) Expert. The respondent may retain, or if indigent, the
court may appoint, a qualified professional to conduct the
examination. The examiner must be given access to all records
concerning the respondent.

     (c) Court Review. The report stating the result of any
examination conducted pursuant to paragraph (a) or (b) must be
provided to the court for review.

      (d) Probable cause review. A respondent who receives
written notice of the examination, and waives his or her rights to
confidentiality of the result, and who petitions the court over the
objection of the director of the facility where the respondent is
housed, has the right to a hearing limited to determining whether
probable cause exists to believe the respondent’s condition has so
changed, that it is safe for the respondent to be at large, and that
the respondent will not engage in acts of sexual violence if
discharged. Both parties may present evidence. The respondent has
the right to be represented by counsel and the right to be present at
the hearing.

     (e) Non-jury trial. If it is determined that there is sufficient
probable cause to believe it is safe to release the person, the court
must set the petition for a non-jury trial.

    (f)  State Experts. The state has the right to have the person
examined by professionals chosen by the state prior to the trial.

     (g) Burden of persuasion. The burden is on the state to
prove, by clear and convincing evidence, that it is not safe for the
person to be at large and that, if released, the person is likely to
engage in acts of sexual violence.
      (h) Appeal. At the conclusion of any trial conducted under
this rule, the judge must enter an appropriate final judgment which
is appealable pursuant to the applicable Rules of Appellate
Procedure.