RULE 4.310. 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 shall be 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 shall put the
witness on oath and shall 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 shall be sworn by a person present with the
witness who is qualified to administer the oath in that location. The
testimony shall be taken stenographically or recorded by any means
ordered in accordance with subdivision (b). If requested by one of
the parties, the testimony shall be transcribed at the initial cost of
the requesting party and prompt notice of the request shall 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 shall be noted
by the officer upon the deposition. Any objection during a
deposition shall 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 shall 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 shall 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
shall be suspended for the time necessary to make a motion for an
order.

(e) Witness Review. A transcript of the testimony shall be
furnished to the witness for examination and shall 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 shall
be listed in writing by the officer with a statement of the reasons
given by the witness for making the changes. The changes shall be
attached to the transcript. It shall 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 shall be signed by the officer, who
shall 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 shall
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 shall 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 shall 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 shall 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 shall 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 shall be given to all parties unless notice is waived.
A party filing the deposition shall 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 shall be paid to the person by the requesting
party or witness.