Fla. Fam. L. R. P. 12.320
DEPOSITIONS UPON WRITTEN QUESTIONS
Text — October 1, 2026 edition
(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 12.410. 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. 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 cross questions, a party may serve redirect questions on all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions on all other parties. 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 12.310(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 12.310(b)(4).
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/09/2027_04-OCT-Family-Law-Rules-of-Procedure-10-1-2026.pdf (PDF pages 90–91)
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This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Fla. Fam. L. R. P. 12.320. Each shows the citation as that text prints it.
Florida Family Law Rules of Procedure
- Fla. Fam. L. R. P. 12.280GENERAL PROVISIONS GOVERNING DISCOVERYPrinted as rule 12.320
- Fla. Fam. L. R. P. 12.330USE OF DEPOSITIONS IN COURT PROCEEDINGSPrinted as rule 12.320; rules 12.310 and 12.320
- Fla. Fam. L. R. P. 12.380FAILURE TO MAKE DISCOVERY; SANCTIONSPrinted as rule 12.310 or 12.320, or; rule 12.310(b)(6) or 12.320(a); rule 12.310(b)(6) or 12.320(a), or
- Fla. Fam. L. R. P. 12.410SUBPOENAPrinted as rule 12.310(b) or 12.320(a)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.