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Fla. Fam. L.R.P. 12.300

Fla. Fam. L.R.P. 12.300 - Persons Before Whom Depositions May Be Taken

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Verbatim reference text. This is the full, unedited text of Fla. Fam. L.R.P. 12.300, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

(4) Use of Deposition. A deposition taken under this rule may be used in any action involving the same subject matter subsequently brought in any court in accordance with rule 12.330. (b) Pending Appeal. If an appeal has been taken from a judgment of any court or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the court. In such case the party who desires to perpetuate the testimony may make a motion for leave to take the deposition on the same notice and service as if the action was pending in the court. The motion must show (1) the names and addresses of persons to be examined and the substance of the testimony which the movant expects to elicit from each, and (2) the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay in justice, it may make an order allowing the deposition to be taken and may make orders of the character provided for by these rules, and thereupon the deposition may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the court. (c) Perpetuation by Action. This rule does not limit the power of a court to entertain an action to perpetuate testimony. RULE 12.300. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN (a) Persons Authorized. Depositions may be taken before any notary public or judicial officer or before any officer authorized by the statutes of Florida to take acknowledgments or proof of executions of deeds or by any person appointed by the court in which the action is pending. (b) In Foreign Countries. In a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of Florida or of the United States, (2) before a person commissioned by the court, and a person so Family Law Rules of Procedure October 1, 2025 84

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