Florida Civil Depositions Explained: How They Work, the Rules, and Why Experienced Counsel Matters

If you’re involved in a Florida civil lawsuit—whether in Miami-Dade, Broward, Palm Beach, Hillsborough (Tampa), Orange (Orlando), Duval (Jacksonville), Pinellas, Lee, Collier, or Leon County—you will almost certainly encounter depositions. Depositions are one of the most powerful (and risky) tools in Florida litigation. They shape settlement value, drive trial strategy, and can make—or break—your case.

Below is a Florida-specific, plain-English guide to how civil depositions typically work, who participates, the permissible scope, the rules everyone must follow, and why having experienced counsel both taking and defending depositions is critical.

Not legal advice. This article provides general information about Florida civil practice. Rules and strategy vary by case.

What Is a Deposition in a Florida Civil Case?

A deposition is sworn, out-of-court testimony taken under oath before a court reporter (and often videotaped). The witness—called the deponent—answers questions from attorneys. The testimony can later be used:

·       to evaluate the case,

·       to support or defeat summary judgment,

·       to impeach witnesses at trial,

·       and, in some situations, as substantive evidence.

In Florida, depositions are governed primarily by Florida Rule of Civil Procedure 1.310 and related discovery rules.

When Are Depositions Typically Taken in Florida?

Depositions usually occur during the discovery phase—after the defendant has responded to the Complaint and before trial.

Common timing patterns

·       Early depositions: Key witnesses or parties deposed early to frame the case

·       Mid-discovery depositions: After documents and written discovery clarify issues

·       Late depositions: Experts or critical fact witnesses near mediation or trial

In Miami, Fort Lauderdale, West Palm Beach, Tampa, Orlando, and Jacksonville, depositions are often strategically scheduled before mediation to increase leverage.

Who Takes Depositions in Florida?

Depositions are taken by the attorney representing the party who noticed the deposition, often referred to as the deposing attorney.

Common deposing parties

·       Plaintiff’s counsel deposing defendants, corporate representatives, or experts

·       Defense counsel deposing plaintiffs, treating doctors, or fact witnesses

·       Co-defendants deposing each other

Attorneys use depositions to:

·       lock in testimony,

·       test credibility,

·       explore weaknesses,

·       and develop trial themes.

Who Defends Depositions?

The defending attorney represents the deponent and is responsible for:

·       protecting the witness from improper questions,

·       making appropriate objections,

·       enforcing privileges,

·       and ensuring the rules are followed.

Whether you are a plaintiff, defendant, corporate representative, or non-party witness, you should never attend a Florida deposition without counsel if you have the right to one.

Who Can Be Deposed in a Florida Lawsuit?

Florida law allows depositions of:

·       parties to the lawsuit,

·       corporate representatives (Rule 1.310(b)(6)),

·       employees and former employees,

·       experts,

·       treating physicians (with restrictions),

·       and non-party witnesses with relevant knowledge.

How Florida Depositions Are Taken

Step-by-step

1.     Notice of Taking Deposition is served (or subpoena for non-parties)

2.     Deposition occurs in person, remotely (Zoom), or hybrid

3.     Court reporter administers the oath

4.     Questioning by attorneys

5.     Objections made on the record

6.     Deposition transcript prepared (and video if applicable)

Remote depositions are now common statewide, including in South Florida, Central Florida, and North Florida.

The Permissible Scope of Florida Depositions

Florida follows a broad discovery standard.

Attorneys may ask about:

·       facts relevant to claims or defenses,

·       information reasonably calculated to lead to admissible evidence,

·       documents, communications, and events,

·       opinions of experts and corporate representatives.

What’s off-limits

·       Attorney-client privileged communications

·       Work product (with limited exceptions)

·       Harassing, bad-faith, or purely abusive questioning

The scope is intentionally wide—but not unlimited.

Rules for the Deponent (The Person Testifying)

If you are the deponent in a Florida civil case:

You must

·       Tell the truth (you are under oath)

·       Answer verbally (no nodding/shaking head)

·       Wait for the question to finish

·       Answer only what is asked

You should not

·       Guess or speculate

·       Volunteer extra information

·       Argue with opposing counsel

·       Look to your attorney for answers

Everything you say can be used against you later, including at trial.

Rules for the Deposing Attorney

The attorney taking the deposition must:

·       ask questions in good faith,

·       avoid harassment or intimidation,

·       respect privileges,

·       comply with time limits (generally one day of seven hours, absent agreement or court order).

Florida courts can sanction attorneys for abusive deposition conduct.

Rules for the Defending Attorney

The defending attorney plays a critical role. In Florida, objections during depositions are typically limited to:

·       form of the question,

·       privilege,

·       enforcement of court orders or agreements.

The defending attorney may:

·       instruct the witness not to answer only in limited circumstances,

·       seek protective orders,

·       preserve objections for trial,

·       stop improper questioning.

Poor deposition defense can permanently damage a case.

Why Experienced Counsel Matters—On Both Sides of the Table

Why you want an experienced attorney taking depositions

A skilled Florida litigator knows how to:

·       sequence questions to control the witness,

·       elicit admissions without tipping strategy,

·       preserve testimony for trial,

·       expose inconsistencies,

·       create leverage for mediation or settlement.

An inexperienced deposition can strengthen the other side’s case.

Why you need an attorney defending your deposition

Depositions are not casual conversations—they are legal minefields.

An experienced Florida attorney will:

·       prepare you thoroughly beforehand,

·       protect privileged information,

·       stop improper questioning,

·       prevent traps and misleading questions,

·       and preserve your credibility.

Many cases are effectively won or lost in deposition, long before a jury is selected.

Florida Depositions and Settlement Value

In real-world Florida litigation:

·       strong depositions increase settlement value,

·       weak depositions reduce leverage,

·       damaging testimony often triggers early resolution,

·       and clean testimony supports summary judgment or trial success.

This is especially true in personal injury, trucking accidents, premises liability, business disputes, construction litigation, and professional negligence cases throughout Florida.

Key Takeaways: Florida Civil Depositions

·       Depositions are sworn testimony under oath

·       They typically occur during discovery

·       The scope is broad but governed by rules

·       Attorneys must follow strict conduct standards

·       What you say can decide your case

·       Experience matters—on both offense and defense

Need Help Preparing for or Taking a Florida Deposition?

If your case involves a deposition in Miami, Fort Lauderdale, West Palm Beach, Tampa, Orlando, Jacksonville, or anywhere in Florida, having an experienced litigation attorney can make the difference between:

·       leverage and exposure,

·       credibility and contradiction,

·       settlement and trial disaster.