Fla. R. Civ. P. 1.330

Use of Depositions in Court Proceedings

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RULE 1.330. 	USE OF DEPOSITIONS IN COURT PROCEEDINGS
(a) 	Use of Depositions. At the trial or upon 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:
(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 or of anyone who at the
time of taking the deposition was an officer, director, or managing
agent or a person designated under rule 1.310(b)(6) or 1.320(a) to
testify on behalf of a public or private corporation, a partnership or
association, or a governmental agency that is 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)
upon 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.
(5) 	Substitution of parties pursuant to rule 1.260 does
not affect the right to use depositions previously taken and, when
an action in any court of the United States or of any state has been
dismissed and another action involving the same subject matter is
afterward brought between the same parties or their representatives
or successors in interest, all depositions lawfully taken and duly
filed in the former action may be used in the latter as if originally
taken for it.
(6) 	If a civil action is afterward brought, all depositions
lawfully taken in a medical liability mediation proceeding may be
used in the civil action as if originally taken for it.
(b) 	Objections to Admissibility. Subject to the provisions of
rule 1.300(b) and subdivision (d)(3) of this rule, objection may be
made at the trial or hearing to receiving in evidence any 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 shall not
apply to the use by an adverse party of a deposition under
subdivision (a)(2) of this rule. 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 upon 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,
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 1.320 are waived unless served in writing

upon 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 1.310 and 1.320 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.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 32 as amended in 1970. Subdivisions (a), (b), and (c) are
former rules 1.280(d), (f), and (g) respectively. Subdivision (d) is
derived from the entire former rule 1.330.
1998 Amendment. Subdivision (a)(1) was amended to clarify
that, in addition to the uses of depositions prescribed by these
rules, depositions may be used for any purpose permitted by the
Florida Evidence Code (chapter 90, Fla. Stat.). This amendment is
consistent with the 1980 amendment to Rule 32 of the Federal
Rules of Civil Procedure.

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