FL Evidence & Procedure Topics

Question 1

Videotape Deposition Rules

Answer 1

• In Florida civil practice, any deposition may be recorded by videotape without leave of court or stipulation of the parties.
• The following rules apply to videotaped depositions:

1. a party intending to videotape a deposition shall state in the notice of deposition that the deposition is to be videotaped and shall give the name and address of the video operator;
2. any subpoena served on the person to be deposed shall state the method or methods for recording the testimony;
3. unless the parties agree otherwise, videotaped depositions shall also be recorded stenographically;
4. at the beginning of the deposition, the officer before whom it is taken shall, on camera, identify the style of the action, state the date, and swear in the witness;
5. the party requesting the videotaping shall bear the initial cost alone; and
6. the party requesting the videotaping is also responsible for taking custody of and safeguarding the videotape.

Question 2

Discoverability of Facts & Opinions of Experts

Answer 2

Unlike the rule regarding discovery of work product, in Florida, the facts known to and opinions held by experts are discoverable—even if such facts and opinions were acquired or developed in anticipation of litigation or trial.

Question 3

Consolidation of Related Offenses

Answer 3

Under Florida law, where a party is charged with related offenses—two or more offenses that can be tried in the same court and are based on the same act or related set of acts—both the defendant and the state have the right to move for consolidation.

• This right is not reserved solely for the defendant.
• If neither the defendant nor the state makes a timely motion for consolidation, then the right to consolidation is simply deemed waived.
• The court will not consolidate the charges sua sponte.

Question 4

Advising Against Communicating Relevant Information

Answer 4

Under Florida law, a defendant’s attorney may advise the defendant not to speak with or share information with the prosecution.

No counsel or staff may advise people with relevant material or information to refrain from discussing the case with opposing counsel or from showing opposing counsel relevant information.

Question 5

Demand for Speedy Trial

Answer 5

Every person charged with a crime by indictment or information has the right to demand a trial within 60 days by filing, and serving on the prosecution, a separate pleading called “Demand for Speedy Trial.”