Florida Jimmy Ryce Rule 4.330
RULE 4.330. 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 shall 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.
(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 shall 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.