Fla. R. Civ. P. 1.290

Depositions Before Action or Pending Appeal

sha256 356dfd351979e2adaf3c2b90412c3406… · retrieved 7/11/2026, 11:08:24 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.290. 	DEPOSITIONS BEFORE ACTION OR PENDING
APPEAL
(a) 	Before Action.
(1) 	Petition. A person who desires to perpetuate that
person’s own testimony or that of another person regarding any
matter that may be cognizable in any court of this state may file a
verified petition in the circuit court in the county of the residence of
any expected adverse party. The petition shall be entitled in the
name of the petitioner and shall show: (1) that the petitioner
expects to be a party to an action cognizable in a court of Florida,
but is presently unable to bring it or cause it to be brought, (2) the
subject matter of the expected action and the petitioner’s interest
therein, (3) the facts which the petitioner desires to establish by the
proposed testimony and the petitioner’s reasons for desiring to
perpetuate it, (4) the names or a description of the persons the
petitioner expects will be adverse parties and their addresses so far
as known, and (5) the names and addresses of the persons to be
examined and the substance of the testimony which the petitioner
expects to elicit from each; and shall ask for an order authorizing
the petitioner to take the deposition of the persons to be examined
named in the petition for the purpose of perpetuating their
testimony.
(2) 	Notice and Service. The petitioner shall thereafter
serve a notice upon each person named in the petition as an
expected adverse party, together with a copy of the petition, stating
that the petitioner will apply to the court at a time and place named
therein for an order described in the petition. At least 20 days
before the date of hearing the notice shall be served either within or
without the county in the manner provided by law for service of
summons, but if such service cannot with due diligence be made
upon any expected adverse party named in the petition, the court
may make an order for service by publication or otherwise, and
shall appoint an attorney for persons not served in the manner
provided by law for service of summons who shall represent them,
and if they are not otherwise represented, shall cross-examine the
deponent.

(3) 	Order and Examination. If the court is satisfied that
the perpetuation of the testimony may prevent a failure or delay of
justice, it shall make an order designating or describing the persons
whose depositions may be taken and specifying the subject matter
of the examination and whether the deposition shall be taken upon
oral examination or written interrogatories. The deposition may
then be taken in accordance with these rules and the court may
make orders in accordance with the requirements of these rules.
For the purpose of applying these rules to depositions for
perpetuating testimony, each reference therein to the court in which
the action is pending shall be deemed to refer to the court in which
the petition for such deposition was filed.
(4) 	Use of Deposition. A deposition taken under this
rule may be used in any action involving the same subject matter
subsequently brought in any court in accordance with rule 1.330.
(b) 	Pending Appeal. If an appeal has been taken from a
judgment of any court or before the taking of an appeal if the time
therefor has not expired, the court in which the judgment was
rendered may allow the taking of the depositions of witnesses to
perpetuate their testimony for use in the event of further
proceedings in the court. In such case the party who desires to
perpetuate the testimony may make a motion for leave to take the
deposition upon the same notice and service as if the action was
pending in the court. The motion shall show (1) the names and
addresses of persons to be examined and the substance of the
testimony which the movant expects to elicit from each, and (2) the
reason for perpetuating their testimony. If the court finds that the
perpetuation of the testimony is proper to avoid a failure or delay in
justice, it may make an order allowing the deposition to be taken
and may make orders of the character provided for by these rules,
and thereupon the deposition may be taken and used in the same
manner and under the same conditions as are prescribed in these
rules for depositions taken in actions pending in the court.
(c) 	Perpetuation by Action. This rule does not limit the
power of a court to entertain an action to perpetuate testimony.
Committee Notes

1980 Amendment. Subdivision (d) is repealed because
depositions de bene esse are obsolete. Rules 1.280 and 1.310 with
the remainder of this rule cover all needed deposition
circumstances and do so better. Subdivision (d) was taken from
former chapter 63, Florida Statutes, and is not a complete
procedure without reference to the parts of the statute not carried
forward in the rule.

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