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(a) When Depositions May Be Taken. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the process and initial pleading on any defendant, except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided by subdivision (b)(2). The attendance of witnesses may be compelled by 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.

(b) Notice; Method of Taking; Production at Deposition.
(1) Notice. A party desiring to take the deposition of any person upon oral examination must give reasonable notice in writing to every other party to the action. The notice must state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify that person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena must be attached to or included in the notice of taking the deposition.
(2) Method. The party taking the deposition must state in the notice the method by which the testimony will be recorded. Unless the court orders otherwise, it may be recorded by audio, audiovisual, or stenographic means, and the party taking the deposition bears the cost of the recording. Any party may arrange for a transcription to be made from the recording of a deposition taken by non-stenographic means.

Impact on Florida Depositions:

• In-Person Depositions: Requires that notice of the deposition include the time, date, and location. The location must be appropriate and accessible to all parties.
• Remote Depositions: Permits depositions to be conducted remotely via electronic means, provided that the notice specifies this method and that all parties agree to the format.
• Hybrid Depositions: Allows for a hybrid approach where some participants attend in person and others remotely, provided that this is detailed in the notice and all parties agree.

(a) Within the State. Within this state, depositions may be taken before a notary public, court reporter, or any officer authorized to administer oaths by the laws of this state, or before any person appointed by the court in which the action is pending.

(b) Outside the State. Within the United States, depositions may be taken outside the state before any notary public, court reporter, or any officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before any person appointed by the court in which the action is pending.

Impact on Florida Depositions:

• In-Person Depositions: Requires that the deposition be taken before an authorized officer, such as a notary public or court reporter, who is physically present to administer the oath and oversee the deposition process.
• Remote Depositions: Allows the officer to administer oaths remotely, provided the process adheres to procedural rules, including verifying the identity of the deponent and ensuring the integrity of the deposition process.
• Hybrid Depositions: The officer must manage both in-person and remote participants, ensuring that the oath is administered properly to all deponents, regardless of their location.

(a) In General. The testimony of witnesses may be taken by communication equipment when authorized by the court or when stipulated to by the parties.

(b) Communication Equipment. Communication equipment as used in this rule means a conference telephone or other electronic device that permits all those appearing or participating to hear and speak to each other.

(c) Administration of Oath. The oath must be administered in the presence of the witness by a person authorized to administer oaths in the State of Florida or in the jurisdiction where the witness is located at the time the oath is administered, or by a person appointed by the court in which the action is pending.

Impact on Florida Depositions:

• In-Person Depositions: This rule generally applies to remote testimony, but it ensures that any testimony taken in person is subject to the same standards of accuracy and integrity.
• Remote Depositions: Allows testimony to be taken via communication equipment, such as video conferencing, provided that all parties have access to the equipment and that the testimony is clearly recorded.
• Hybrid Depositions: Supports the use of communication equipment in a hybrid deposition, ensuring that all testimony, whether given in person or remotely, is accurately recorded and that all participants can interact effectively.

(1) Definitions. As used in this section, the term "electronic signature" has the same meaning as provided in s. 668.003(4). The term "notary public" includes a civil-law notary appointed under chapter 118, and the term "online notary public" has the same meaning as provided in s. 117.201.

(2) Electronic Notarization Procedures.
(a) A notary public is authorized to perform notarial acts electronically in accordance with this section and any rules adopted by the Department of State pursuant to this section.
(b) If a notary public performs a notarial act electronically, the notary public must affix to the electronic document a notary public electronic signature that is unique to the notary public, capable of independent verification, retained under the notary public's sole control, and attached to or logically associated with the electronic document in such a manner that any subsequent alteration to the electronic document displays evidence of the alteration.

Impact on Florida Depositions:

• In-Person Depositions: Requires that notarized documents be properly executed by a notary public who is present during the deposition.
• Remote Depositions: Allows for remote online notarization of documents, provided that the notary public follows specific procedures to verify the identity of the deponent and ensure the integrity of the notarization process.
• Hybrid Depositions: Supports the use of both in-person and remote notarization during depositions, ensuring that notarized documents are properly executed and securely maintained, regardless of the method used.

(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, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:

(1) Any Deposition. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness.

(2) Deposition of a Party or of Anyone Who at the Time of Taking the Deposition Was an Officer, Director, or Managing Agent of a Public or Private Corporation, a Partnership or Association, or a Governmental Agency That Is a Party, or of 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. The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, a partnership or association, or a governmental agency that is a party, or of 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.

Impact on Florida Depositions:

• In-Person Depositions: Testimony from in-person depositions is admissible in court as long as it meets the rules of evidence and procedural requirements.
• Remote Depositions: Testimony from remote depositions is admissible in court, provided that the deposition was conducted according to the rules and the record is complete and accurate.
• Hybrid Depositions: Allows for the use of testimony from hybrid depositions, ensuring that all recorded testimony, whether taken in person or remotely, is treated with equal consideration in court proceedings.

(1) Video teleconference hearings may be held at the discretion of the presiding officer. All parties must have an opportunity to present evidence, cross-examine witnesses, and participate fully in the hearing.

(2) Telephone hearings may be held at the discretion of the presiding officer. All parties must have an opportunity to participate in the hearing, present evidence, and cross-examine witnesses.

(3) The presiding officer shall ensure that a complete record of the hearing is made and preserved, which includes the video or telephone transmission of the hearing if held using such means.

Impact on Florida Depositions:

• In-Person Depositions: While primarily focused on hearings, this rule underscores the importance of clear and accurate communication, applicable to in-person depositions as well.
• Remote Depositions: Supports the use of video and telephone technology for taking depositions, ensuring that the communication is clear and that the technology used does not hinder the process.
• Hybrid Depositions: Allows for a combination of in-person and remote participation, with the requirement that all participants are clearly visible and audible, and that the deposition is conducted fairly and accurately.

At the center of the Supreme Court’s amendments is the general authorization for court proceedings through “communication technology” set forth in substantially rewritten Florida Rule of General Practice and Judicial Administration 2.530 (renamed “communication technology”). Communication technology is defined as “audio communication technology or audio-video communication technology. The term “audio communication technology” refers to “electronic devices, systems, applications or platforms that permit all participants to hear and speak to all other participants in real time.” “Audio-video communication technology” encompasses “electronic devices, systems, applications, or platforms that permit all participants to hear, see, and speak to all other participants in real time.” These three terms and their definitions are incorporated in the Supreme Court’s various amendments.