Fla. Fam. L. R. P. 12.300

RULE 12.300

PERSONS BEFORE WHOM DEPOSITIONS MAY

BE TAKEN

(a) Persons Authorized. Depositions may be taken before

any notary public or judicial officer or before any officer authorized

by the statutes of Florida to take acknowledgments or proof of

executions of deeds or by any person appointed by the court in

which the action is pending.

(b) In Foreign Countries. In a foreign country, depositions

may be taken (1) on notice before a person authorized to administer

oaths in the place in which the examination is held, either by the

law thereof or by the law of Florida or of the United States, (2)

before a person commissioned by the court, and a person so

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commissioned shall have the power by virtue of the commission to

administer any necessary oath and take testimony, or (3) pursuant

to a letter of request. A commission or a letter of request must be

issued on application and notice and on terms that are just and

appropriate. It is not requisite to the issuance of a commission or a

letter of request that the taking of the deposition in any other

manner is impracticable or inconvenient, and both a commission

and a letter of request may be issued in proper cases. A notice or

commission may designate the person before whom the deposition

is to be taken either by name or descriptive title. A letter of request

may be addressed “To the Appropriate Authority in .....(name of

country)......” Evidence obtained in response to a letter of request

need not be excluded merely for the reason that it is not a verbatim

transcript or that the testimony was not taken under oath or any

similar departure from the requirements for depositions taken

within Florida under these rules.

(c) Selection by Stipulation. If the parties so stipulate in

writing, depositions may be taken before any person at any time or

place upon any notice and in any manner and when so taken may

be used like other depositions.

(d) Persons Disqualified. Unless so stipulated by the

parties, no deposition may be taken before a person who is a

relative, employee, attorney, or counsel of any of the parties, is a

relative or employee of any of the parties’ attorneys or counsel, or is

financially interested in the action.