RULE 4.390. 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 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 shall be allowed a witness fee in such reasonable amount as
the court may determine. The court shall also determine a
reasonable time within which payment must be made, if the
deponent and party cannot agree. All parties and the deponent
shall be served with notice of any hearing to determine the fee.

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