Fla. Fam. L. R. P. 12.330

RULE 12.330

USE OF DEPOSITIONS IN COURT PROCEEDINGS

(a) Use of Depositions. At the trial or on 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:

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(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 party may be used by an

adverse party for any purpose.

(3) The deposition of a witness, whether or not a party,

may be used by any party for any purpose if the court finds:

(A) that the witness is dead;

(B) that 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) that the witness is unable to attend or testify

because of age, illness, infirmity, or imprisonment;

(D) that the party offering the deposition has been

unable to procure the attendance of the witness by subpoena;

(E) on 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.

(4) 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

subdivision (d)(3) of this rule and of rule 12.300(b), objection may

be made at the trial or hearing to receiving in evidence any

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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 does not

apply to the use by an adverse party of a deposition under

subdivision (a)(2). 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 a deposition are waived unless written objection is

promptly served on 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 made before the taking of the

deposition begins or as soon thereafter as the disqualification

becomes known or could be discovered with reasonable diligence.

(3) As to Taking of Deposition.

(A) Objections to the competency of a witness or to

the competency, relevancy, or materiality of testimony are not

waived by failure to make them before or during the taking of the

deposition unless the ground of the objection is one that might have

been obviated or removed if presented at that time.

(B) Errors and irregularities occurring at the oral

examination in the manner of taking the deposition, in the form of

the questions or answers, in the oath or affirmation, or in the

conduct of parties and errors of any kind that might be obviated,

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removed, or cured if promptly presented are waived unless timely

objection to them is made at the taking of the deposition.

(C) Objections to the form of written questions

submitted under rule 12.320 are waived unless served in writing on

the party propounding them within the time allowed for serving the

succeeding cross or other questions and within 10 days after

service of the last questions authorized.

(4) As to Completion and Return. Errors and

irregularities in the manner in which the testimony is transcribed

or the deposition is prepared, signed, certified, or otherwise dealt

with by the officer under rules 12.310 and 12.320 are waived

unless a motion to suppress the deposition or some part of it is

made with reasonable promptness after the defect is, or with due

diligence might have been, discovered.