Fla. R. Civ. P. 1.320

Depositions Upon Written Questions

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RULE 1.320. 	DEPOSITIONS UPON WRITTEN QUESTIONS
(a) 	Serving Questions; Notice. After commencement of the
action any party may take the testimony of any person, including a
party, by deposition upon written questions. The attendance of
witnesses may be compelled by the use of subpoena as provided in
rule 1.410. The deposition of a person confined in prison may be
taken only by leave of court on such terms as the court prescribes.
A party desiring to take a deposition upon written questions must
serve them with a notice stating (1) the name and address of the
person who is to answer them, 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 that person belongs, and (2) the
name or descriptive title and address of the officer before whom the
deposition is to be taken. A deposition upon written questions may
be taken of a public or private corporation, a partnership or
association, or a governmental agency in accordance with rule
1.310(b)(6). Within 30 days after the notice and written questions
are served, a party may serve cross questions on all other parties.
Within 10 days after being served with redirect questions, a party
may serve recross questions on all other parties. Notwithstanding
any contrary provision of rule 1.310(c), objections to the form of
written questions 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. The court may for cause
shown enlarge or shorten the time.
(b) 	Officer to Take Responses and Prepare Record. A copy
of the notice and copies of all questions served must be delivered by
the party taking the depositions to the officer designated in the
notice, who must proceed promptly to take the testimony of the
witness in the manner provided by rules 1.310(c), (e), and (f) in
response to the questions and to prepare the deposition, attaching

the copy of the notice and the questions received by the officer. The
questions must not be filed separately from the deposition unless a
party seeks to have the court consider the questions before the
questions are submitted to the witness. Any deposition may be
audiovisually recorded without leave of the court or stipulation of
the parties, provided the deposition is taken in accordance with rule
1.310(b)(4).
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 31 as amended in 1970. The name of interrogatories has
been changed to questions to avoid confusion with interrogatories
to parties under rule 1.340. Language changes resulting from the
rearrangement of the discovery rules have been inserted and
subdivision (d) deleted.

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