RULE 8.255. GENERAL PROVISIONS FOR HEARINGS

(a) Presence of Counsel. The department must be
represented by an attorney at every stage of these proceedings.

(b) Presence of Child.

(1) The child has a right to be present at all hearings.

(2) If the child is present at the hearing, the court may
excuse the child from any portion of the hearing when the court
determines that it would not be in the child’s best interest to
remain.

(3) If a child is not present at a hearing, the court must
inquire and determine the reason for the absence of the child. The
court must determine whether it is in the best interest of the child
to conduct the hearing without the presence of the child or to
continue the hearing to provide the child an opportunity to be
present at the hearing.

(4) Any party may file a motion to require or excuse the
presence of the child.

(c) Separate Examinations. The child and the parents,
caregivers, or legal custodians of the child may be examined
separately and apart from each other.

(d) Examination of Child; Special Protections.

(1) Testimony by Child. A child may be called to testify
in open court by any party to the proceeding or the court, and may
be examined or cross-examined.

(2) In-Camera Examination.
(A) On motion and hearing, the child may be
examined by the court outside the presence of other parties as
provided by law. The court must assure that proceedings are
recorded, unless otherwise stipulated by the parties.

(B) The motion may be filed by any party or the
trial court on its own motion.

(C) The court shall make specific written findings
of fact, on the record, as to the basis for its ruling. These findings
may include but are not limited to:

(i) the age of the child;

(ii) the nature of the allegation;

(iii) the relationship between the child and
the alleged abuser or the relationship of the child to the parties in
the case;

(iv) the likelihood that the child would suffer
emotional or mental harm if required to testify in open court;

(v) whether the child’s testimony is more
likely to be truthful if given outside the presence of other parties;

(vi) whether cross-examination would
adversely affect the child; and

(vii) the manifest best interest of the child.

(D) The child may be called to testify by means of
closed-circuit television or by videotaping as provided by law.

(e) Conducting Hearings. Except as otherwise provided in
these rules, proceedings must be conducted as follows.
(1) Evidentiary proceedings must be conducted in
person unless the parties agree that a proceeding should be
conducted remotely or conducted in a hybrid format, or the court
orders it upon good cause shown.
(2) All other proceedings may be conducted remotely or
in a hybrid format upon agreement of the parties or by court order
unless good cause is otherwise shown.
(3) The court may consider the following factors in
determining whether good cause exists:
(A) the consent of the parties;
(B) the time-sensitivity of the matter;
(C) the nature of the relief sought;
(D) the resources of the parties and the court;
(E) the anticipated duration of the testimony;
(F) the need and ability to review and identify
documents during testimony;
(G) the probative value of the testimony;
(H) the geographic location of the witnesses;
(I) the cost and inconvenience in requiring the
physical presence of the witnesses;
(J) the need for confrontation of the witnesses;
(K) the need to observe the demeanor of the
witnesses;
(L) the potential for unfair surprise; and
(M) any other matter relevant to the request.
(4) A party who participates in a hearing conducted
remotely or conducted in a hybrid format must be given the
opportunity to privately and confidentially communicate with
counsel during the proceedings.
(f) Taking Testimony.
(1) Testimony at a Hearing or Trial. When testifying at a
hearing or trial, a witness must be physically present unless
otherwise provided by law or these rules. This rule does not apply to
statutory requirements for parents to appear at arraignment
hearings, advisory hearings, and adjudicatory hearings.
(2) Communication Technology. The court may permit a
witness to testify at a hearing or trial by communication technology:
(A) when the proceeding is conducted remotely or
conducted in a hybrid fashion as permitted by this rule;
(B) by agreement of the parties; or
(C) for good cause shown upon written or oral
request of a party. The request must contain an estimate of the
length of the proposed testimony. In considering sufficient good
cause, the court may weigh and address in its order or its ruling on
the record the reasons stated for testimony by communication
technology against the potential for prejudice to the objecting party.
(3) Oath. Testimony may be taken through audio
communication technology only if a notary public or other person
authorized to administer oaths in the witness’s jurisdiction is
physically present with the witness and administers the oath
consistent with the laws of the jurisdiction. If testimony is provided
at the hearing via audio-video communication technology, the
witness may also be sworn remotely using such audio-video
communication technology by a person who is qualified and
administers the oath consistent with the laws of the witness’s
jurisdiction or Florida. The oath procedures of this subdivision are
not required for hearings where, by law, the court may consider any
evidence to the extent of its probative value even though not
competent in an adjudicatory hearing and where the parties and
the court agree to waive these oath procedures.
(g) Invoking the Rule. Before the examination of any
witness the court may, and on the request of any party must,
exclude all other witnesses. The court may cause witnesses to be
kept separate and to be prevented from communicating with each
other until all are examined.
(h) Continuances. As permitted by law, the court may grant
a continuance before or during a hearing for good cause shown by
any party.

(i) Record. A record of the testimony in all hearings must be
made by an official court reporter, a court-approved stenographer,
or a recording device. The records of testimony must be preserved
as required by law. Official records of testimony must be
transcribed only on order of the court.

(j) Notice. When these rules do not require a specific notice,
all parties will be given reasonable notice of any hearing. A party
may consent to notice by e-mail by providing a primary e-mail
address to the clerk.

(k) Written Notice. The court must provide written notice of
the right to participate in a private adoption plan, under chapter
63, Florida Statutes, when required by law.

Committee Notes
1991 Amendment. (b) This change allows a child to be
present instead of mandating the child’s presence when the child’s
presence would not be in his or her best interest. The court is given
the discretion to determine the need for the child to be present.

1992 Amendment. This change was made to reflect a
moderated standard for in-camera examination of a child less rigid
than the criminal law standard adopted by the committee in the
1991 rule revisions.

2005 Amendment. Subdivision (i) was deleted because
provisions for general masters were transferred to rule 8.257.