Florida Regulations 60Q-6.114

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Florida > Regulations

§ 60Q-6.114 DISCOVERY

(1) Depositions.

(a) Depositions of witnesses or parties may be taken and used in the same manner and for the same purposes as provided in the Florida Rules of Civil Procedure.

(b) Approval of the judge is not necessary to take a deposition by telephone. If a deposition is taken by telephone, the oath shall be administered in the physical presence of the witness by a notary public or other person authorized by law to administer oaths, unless the physical presence is waived by all the parties.

(2) Production and entry on land. Any party may seek production of documents or other tangible things from other parties or non-parties and may seek entry onto land or other property as provided in the Florida Rules of Civil Procedure.

(3) Responses and objections to depositions, production, or entry shall be made as provided in the Florida Rules of Civil Procedure.

(4) Surveillance. Any evidence in the nature of surveillance is subject to discovery when it will be used at the final hearing provided the party intending to use the evidence is first given a reasonable opportunity to depose the party or witness who is the subject of the surveillance.

(5) The judge may enter orders to effectuate discovery, including orders compelling discovery, protective orders, and orders imposing sanctions for failure to comply with or for using discovery methods not specifically authorized by statute. For good cause shown, the judge may enlarge or shorten applicable timeframes for complying with discovery.

Specific Authority 440.45 (1)(a), (4) FS.

Law Implemented 440.30, 440.33(1), 440.45 (1)(a), (4) FS.

History--New 2-23-03.