Fla. R. Civ. P. 1.310

Depositions on Oral Examination

sha256 5438831bb16f6cf8b7d91a67c47e90a8… · retrieved 7/11/2026, 11:08:25 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.310. 	DEPOSITIONS ON ORAL EXAMINATION
(a) 	When Depositions May Be Taken. After commencement
of the action any party may take the testimony of any person,
including a party, by deposition on oral examination. Leave of court,
granted with or without notice, must be obtained only if the plaintiff
seeks to take a deposition within 30 days after service of the
process and initial pleading on any defendant, except that leave is
not required:
(1) 	if a defendant has served a notice of taking
deposition or otherwise sought discovery; or
(2) 	if special notice is given as provided in subdivision
(b)(2) of this rule.
The attendance of witnesses may be compelled by subpoena as
provided in rule 1.410. The deposition of a person confined in
prison may be taken only by leave of court on terms set by the
court.
(b) 	Notice; Method of Taking; Production at Deposition.
(1) 	A party desiring to take the deposition of any person
on oral examination must give reasonable notice in writing to every
other party to the action. The notice must state the time and place
for taking the deposition and the name and address of each person
to be examined, if known, and, if the name is not known, a general
description sufficient to identify the person or the particular class

or group to which the person belongs. If a subpoena duces tecum is
to be served on the person to be examined, the designation of the
materials to be produced under the subpoena must be attached to
or included in the notice.
(2) 	Leave of court is not required for the taking of a
deposition by plaintiff if the notice states that the person to be
examined is about to go out of the state and will be unavailable for
examination unless a deposition is taken before expiration of the
30-day period under subdivision (a). If a party shows that when
served with notice under this subdivision that party was unable
through the exercise of diligence to obtain counsel to represent the
party at the taking of the deposition, the deposition may not be
used against that party.
(3) 	For cause shown the court may enlarge or shorten
the time for taking the deposition.
(4) 	Any deposition may be audiovisually recorded
without leave of the court or stipulation of the parties, provided the
deposition is taken in accordance with this subdivision.
(A) 	Notice. In addition to the requirements in
subdivision (b)(1), a party intending to audiovisually record a
deposition must:
i. 	state that the deposition is to
audiovisually recorded in the title of the notice; and
ii. 	identify the method for audiovisually
recording the deposition and, if applicable, provide the name and
address of the operator of the audiovisual recording equipment in
the body of the notice.
(B) 	Stenographer. Audiovisually recorded
depositions must also be recorded stenographically, unless all
parties agree otherwise.
(C) 	Procedure. At the beginning of the deposition,
the officer before whom it is taken must, on camera:

(i) 	identify the style of the action;
(ii) 	state the date; and
(iii) 	put the witness under oath as provided in
subdivision (c)(1).
(D) 	Responsibility for Recordings and Copies. The
attorney for the party or the pro se party requesting the audiovisual
recording of the deposition is responsible for safeguarding the
recording, must permit the viewing of it by the opposing party, and,
if requested, must provide access to a copy of the recording at the
expense of the party requesting the copy.
(E) 	Cost of Audiovisually Recorded Depositions.
The party requesting the audiovisual recording must bear the initial
cost of the recording.
(5) 	The notice to a party deponent may be accompanied
by a request made in compliance with rule 1.350 for the production
of documents and tangible things at the taking of the deposition.
The procedure of rule 1.350 applies to the request. Rule 1.351
provides the exclusive procedure for obtaining documents or things
by subpoena from nonparties without deposing the custodian or
other person in possession of the documents.
(6) 	In the notice a party may name as the deponent a
public or private corporation, a partnership or association, or a
governmental agency, or other entity, and designate with
reasonable particularity the matters on which examination is
requested. The organization so named must designate 1 or more
officers, directors, or managing agents, or other persons who
consent to do so, to testify on its behalf and may state the matters
on which each person designated will testify. The persons so
designated must testify about matters known or reasonably
available to the organization. This subdivision does not prohibit
taking a deposition by any other procedure authorized in these
rules.

(7) 	A deposition may be taken by communication
technology, as that term is defined in Florida Rule of General
Practice and Judicial Administration 2.530, if stipulated by the
parties or if ordered by the court on its own motion or on motion of
a party. The order may direct the method by which the deposition
will be taken. In addition to the requirements of subdivision (b)(1), a
party intending to take a deposition by communication technology
must:
(A) 	state that the deposition is to be taken using
communication technology in the title of the notice; and
(B) 	identify the specific form of communication
technology to be used and provide instructions for access to the
communication technology in the body of the notice.
(8) 	Any minor subpoenaed for testimony has the right
to be accompanied by a parent or guardian at all times during the
taking of testimony notwithstanding the invocation of the rule of
sequestration of section 90.616, Florida Statutes, except on a
showing that the presence of a parent or guardian is likely to have a
material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian
are in actual or potential conflict with the interests of the minor.
(c) 	Examination and Cross-Examination; Record of
Examination; Oath; Objections; Transcription.
(1) 	Examination and cross-examination of witnesses
may proceed as permitted at the trial. The officer before whom the
deposition is to be taken must put the witness under oath and
must personally, or by someone acting under the officer’s direction
and in the officer’s presence, record the testimony of the witness,
except that when a deposition is being taken by communication
technology under subdivision (b)(7), the witness must be put under
oath as provided in Florida Rule of General Practice and Judicial
Administration 2.530(b)(2)(B). The testimony must be taken
stenographically or audiovisually recorded under subdivision (b)(4).
All objections made at the time of the examination to the
qualifications of the officer taking the deposition, the manner of

taking it, the evidence presented, or the conduct of any party, and
any other objection to the proceedings must be noted by the officer
on the deposition. Any objection during a deposition must be stated
concisely and in a nonargumentative and nonsuggestive manner. A
party may instruct a deponent not to answer only when necessary
to preserve a privilege, to enforce a limitation on evidence directed
by the court, or to present a motion under subdivision (d).
Otherwise, evidence objected to must be taken subject to the
objections. Instead of participating in the oral examination, parties
may serve written questions in a sealed envelope on the party
taking the deposition and that party must transmit them to the
officer, who must propound them to the witness and record the
answers verbatim.
(2) 	If requested by a party, the testimony must be
transcribed at the initial cost of the requesting party and prompt
notice of the request must be given to all other parties. A party who
intends to use an audio or audiovisual recording of testimony at a
hearing or trial must have the testimony transcribed and must file a
copy of the transcript with the court.
(d) 	Motion to Terminate or Limit Examination. At any
time during the taking of the deposition, on motion of a party or of
the deponent and on a showing that the examination is being
conducted in bad faith or in any manner as unreasonably to annoy,
embarrass, or oppress the deponent or party, or that objection and
instruction to a deponent not to answer are being made in violation
of rule 1.310(c), the court in which the action is pending or the
circuit court where the deposition is being taken may order the
officer conducting the examination to cease immediately from
taking the deposition or may limit the scope and manner of the
taking of the deposition under rule 1.280(d). If the order terminates
the examination, it will be resumed thereafter only on the order of
the court in which the action is pending. On demand of any party or
the deponent, the taking of the deposition must be suspended for
the time necessary to make a motion for an order. Rule 1.380(a)
applies to the award of expenses incurred in relation to the motion.

(e) 	Witness Review. If the testimony is transcribed, the
transcript must be provided to the witness for examination and
must be read to or by the witness unless the examination and
reading are waived by the witness and by the parties. Any changes
in form or substance that the witness wants to make must be listed
in writing by the officer with a statement of the reasons given by the
witness for making the changes. The changes must be attached to
the transcript. It must then be signed by the witness unless the
parties waived the signing or the witness is ill, cannot be found, or
refuses to sign. If the transcript is not signed by the witness within
a reasonable time after it is provided to the witness, the officer must
sign the transcript and state on the transcript the waiver, illness,
absence of the witness, or refusal to sign with any reasons given
therefor. The deposition may then be used as fully as though signed
unless the court holds that the reasons given for the refusal to sign
require rejection of the deposition wholly or partly, on motion under
rule 1.330(d)(4).
(f) 	Filing; Exhibits.
(1) 	If the deposition is transcribed, the officer must
certify on each copy of the deposition that the witness was duly
sworn by the officer and that the deposition is a true record of the
testimony given by the witness. Documents and things produced for
inspection during the examination of the witness must be marked
for identification and annexed to and returned with the deposition
on the request of a party, and may be inspected and copied by any
party, except that the person producing the materials may
substitute copies to be marked for identification if that person
affords to all parties fair opportunity to verify the copies by
comparison with the originals. If the person producing the materials
requests their return, the officer must mark them, give each party
an opportunity to inspect and copy them, and return them to the
person producing them and the materials may then be used in the
same manner as if annexed to and returned with the deposition.
(2) 	After payment of reasonable charges, the officer
must provide a copy of the deposition to any party or to the
deponent.

(3) 	A copy of a deposition may be filed only under the
following circumstances:
(A) 	It may be filed in compliance with Florida Rule
of General Practice and Judicial Administration 2.425 and rule
1.280 by a party or the witness when the contents of the deposition
must be considered by the court on any matter pending before the
court. Prompt notice of the filing of the deposition must be given to
all parties unless notice is waived. A party filing the deposition
must provide a copy of the deposition or the part being filed to other
parties unless the party already has a copy.
(B) 	If the court determines that a deposition
previously taken is necessary for the decision of a matter pending
before the court, the court may order that a copy be filed by any
party at the initial cost of the party, and the filing party must
comply with rules 2.425 and 1.280.
(C) 	Deposition transcripts filed with the court
must be filed in full-page format, unless condensed transcripts are
authorized by the court.
(g) 	Obtaining Copies. A party or witness who does not have
a copy of the deposition may obtain it from the officer taking the
deposition unless the court orders otherwise. If the deposition is
obtained from a person other than the officer, the reasonable cost of
reproducing the copies must be paid to the person by the
requesting party or witness.
(h) 	Failure to Attend or to Serve Subpoena; Expenses.
(1) 	If the party giving the notice of the taking of a
deposition fails to attend and proceed therewith and another party
attends in person or by attorney under the notice, the court may
order the party giving the notice to pay to the other party the
reasonable expenses incurred by the other party and the other
party’s attorney in attending, including reasonable attorneys’ fees.
(2) 	If the party giving the notice of the taking of a
deposition of a witness fails to serve a subpoena on the witness and

the witness because of the failure does not attend and if another
party attends in person or by attorney because that other party
expects the deposition of that witness to be taken, the court may
order the party giving the notice to pay to the other party the
reasonable expenses incurred by that other party and that other
party’s attorney in attending, including reasonable attorneys’ fees.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 30 as amended in 1970. Subdivision (a) is derived from
rule 1.280(a); subdivision (b) from rule 1.310(a) with additional
matter added; the first sentence of subdivision (c) has been added
and clarifying language added throughout the remainder of the rule.
1976 Amendment. Subdivision (b)(4) has been amended to
allow the taking of a videotaped deposition as a matter of right.
Provisions for the taxation of costs and the entry of a standard
order are included as well. This new amendment allows the
contemporaneous stenographic transcription of a videotaped
deposition.
1988 Amendment. The amendments to subdivision (b)(4) are
to provide for depositions by videotape as a matter of right.
The notice provision is to ensure that specific notice is given
that the deposition will be videotaped and to disclose the identity of
the operator. It was decided not to make special provision for a
number of days’ notice.
The requirement that a stenographer be present (who is also
the person likely to be swearing the deponent) is to ensure the
availability of a transcript (although not required). The transcript
would be a tool to ensure the accuracy of the videotape and thus
eliminate the need to establish other procedures aimed at the same
objective (like time clocks in the picture and the like). This does not
mean that a transcript must be made. As at ordinary depositions,
this would be up to the litigants.

Technical videotaping procedures were not included. It is
anticipated that technical problems may be addressed by the court
on motions to quash or motions for protective orders.
Subdivision (c) has been amended to accommodate the taking
of depositions by telephone. The amendment requires the deponent
to be sworn by a person authorized to administer oaths in the
deponent’s location and who is present with the deponent.
1992 Amendment. Subdivision (b)(4)(D) is amended to clarify
an ambiguity in whether the cost of the videotape copy is to be
borne by the party requesting the videotaping or by the party
requesting the copy. The amendment requires the party requesting
the copy to bear the cost of the copy.
1996 Amendment. Subdivision (c) is amended to state the
existing law, which authorizes attorneys to instruct deponents not
to answer questions only in specific situations. This amendment is
derived from Federal Rule of Civil Procedure 30(d) as amended in
1993.
2010 Amendment. Subdivision (b)(5) is amended to clarify
that the procedure set forth in rule 1.351 must be followed when
requesting or receiving documents or things without testimony,
from nonparties pursuant to a subpoena. The amendment is
intended to prevent the use of rules 1.310 and 1.410 to request
documents from nonparties pursuant to a subpoena without giving
the opposing party the opportunity to object to the subpoena before
it is served on the nonparty as required by rule 1.351.
2011 Amendment. A reference to Florida Rule of Judicial
Administration 2.425 and rule 1.280(f) is added to require persons
filing discovery materials with the court to make sure that good
cause exists prior to filing discovery materials and that certain
specific personal information is redacted.
2024 Amendment. Subdivision (b)(6) is amended, see Fed. R.
Civ. P. 30(b)(6), Committee Notes on 2007 Amendment. Subdivision
(f)(3)(C) is added to align the civil rules with the Florida Rules of
Appellate Procedure, which require filing of full-page format

transcripts, including depositions, in all appellate courts. This rule
does not prevent the use of condensed transcripts for other
purposes.
Court Commentary
1984 Amendment. Subdivision (b)(7) is added to authorize
deposition by telephone, with provision for any party to have a
stenographic transcription at that party’s own initial expense.
Subdivision (d) is changed to permit any party to terminate the
deposition, not just the objecting party.
Subdivision (e) is changed to eliminate the confusing
requirement that a transcript be submitted to the witness. The term
has been construed as requiring the court reporter to travel, if
necessary, to the witness, and creates a problem when a witness is
deposed in Florida and thereafter leaves the state before signing.
The change is intended to permit the parties and the court reporter
to handle such situations on an ad hoc basis as is most
appropriate.
Subdivision (f) is the committee’s action in response to the
petition seeking amendment to rule 1.310(f) filed in the Supreme
Court Case No. 62,699. Subdivision (f) is changed to clarify the
need for furnishing copies when a deposition, or part of it, is
properly filed, to authorize the court to require a deposition to be
both transcribed and filed, and to specify that a party who does not
obtain a copy of the deposition may get it from the court reporter
unless ordered otherwise by the court. This eliminates the present
requirement of furnishing a copy of the deposition, or material part
of it, to a person who already has a copy in subdivision (f)(3)(A).
Subdivision (f)(3)(B) broadens the authority of the court to
require the filing of a deposition that has been taken, but not
transcribed.
Subdivision (g) requires a party to obtain a copy of the
deposition from the court reporter unless the court orders
otherwise. Generally, the court should not order a party who has a

copy of the deposition to furnish it to someone who has neglected to
obtain it when the deposition was transcribed. The person should
obtain it from the court reporter unless there is a good reason why
it cannot be obtained from the reporter.

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