This guide explains the procedure and purpose of a deposition in Florida
1
Introduction
Your lawyer just sent you a letter informing you of your upcoming deposition or you just received a subpoena to appear for a deposition. This guide answers the most frequently asked questions regarding the deposition process in Florida. The deposition process is governed by Florida Rule of Civil Procedure 1.310.
2
What is a Deposition?
A deposition is a recorded statement under oath. The deposition can be recorded by a stenographer (court reporter) or video.
3
Location of the Deposition
Generally, the deposition will be taken in the County in which the lawsuit is pending. However, if the witness is in another part of the state or out of state, the deposition will be taken in the witness’ locale.
4
Who can be Deposed?
A deposition can be taken of any person with knowledge or information regarding the case. This can include parties to the lawsuit, fact witnesses, expert witnesses, or corporate representatives.
5
Purpose of a Deposition
The purpose of a deposition can vary depending upon the witness that is being deposed. For instance, if the person being deposed was a witness to a car accident, the lawyers will generally ask questions regarding the witness’ observations of the accident.
If the witness is a party, the deposition has at least three purposes: (1) locking in the party’s testimony regarding the facts in controversy; (2) determining what type of witness the party will make before a jury; and (3) testing the party’s credibility.
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