In Re: Amendments to Florida Rules of Civil Procedure 1.080 and 1.310

Supreme Court of Florida
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No. SC2023-1678
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IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL
PROCEDURE 1.080 AND 1.310.

July 3, 2024

PER CURIAM.

The Florida Bar’s Civil Procedure Rules Committee has filed a

report proposing amendments to Florida Rules of Civil Procedure

1.080 (Service and Filing of Pleadings, Orders, and Documents) and

1.310 (Depositions Upon Oral Examination). The amendments were

unanimously approved by the Committee, and The Florida Bar’s

Board of Governors recommends their acceptance. We previously

published the amendments for comment in The Florida Bar News

and received no comments. Having considered the Committee’s

report, we hereby amend the Florida Rules of Civil Procedure as

proposed by the Committee, though we make one additional

modification. The changes, including our modification, are

addressed below.
First, the title of rule 1.080 is changed to “Service and Filing of

Pleadings; Orders; Documents; and Transcripts”—replacing

commas in the title with semi-colons and expanding the list of

topics to include transcripts. In addition, a new subdivision (d)

(Format of filed transcripts) is added to rule 1.080. New subdivision

(d) provides that transcripts filed with the court must be in full-page

format, unless the court authorizes condensed transcripts, and that

PDF versions must be text-searchable.

Next, the title of rule 1.310 is changed to “Depositions on Oral

Examination”—replacing the word “upon” with “on.” In addition,

subdivision (b)(6) is amended to add “or other entity” to the list of

entities that can be named as deponents in notices. As amended,

rule 1.310 will encompass limited liability companies and other

types of organizations that fall within the scope of the

corresponding federal rule, Federal Rule of Civil Procedure 30(b)(6).

Also, a new subdivision (f)(3)(C) is created, providing that

transcripts filed with the court must be in full-page format unless

the court authorizes condensed transcripts in a given case.

Additionally, Committee Notes are added to both rules to explain

the rationale behind the amendments, and minor technical

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revisions are made to provide clarity and conform with our

pronouncements in In re Guidelines for Rules Submissions, Florida

Administrative Order No. AOSC22-78 (Fla. Oct. 24, 2022).

Finally, we make one modification that was not proposed in

the Committee’s report. We amend subdivisions (d) and (f) of rule

1.310 by replacing references to specific provisions of rule 1.280

(General Provisions Governing Discovery) with general references to

the rule. Thus, rule 1.310(d) is amended to provide that the court

“may limit the scope and manner of the taking of the deposition

under rule 1.280”—replacing a specific reference to rule 1.280(c).

Similarly, rule 1.310(f)(3) is amended to provide that deposition

copies “may be filed in compliance with Florida Rule of General

Practice and Judicial Administration 2.425 and rule 1.280 by a

party or the witness . . .” and that “the filing party must comply

with rules 2.425 and 1.280”—replacing specific references to rule

1.280(g).

Accordingly, the Florida Rules of Civil Procedure are amended

as reflected in the appendix to this opinion. New language is

indicated by underscoring, and deletions are indicated by struck-

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through type. The amendments shall become effective October 1,

2024, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT
ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Civil Procedure

Cosme Caballero, Chair, Civil Procedure Rules Committee,
Miami, Florida; Judson Lee Cohen, Past Chair, Civil Procedure
Rules Committee, Miami Lakes, Florida; and Joshua E. Doyle,
Executive Director, and Heather Savage Telfer, Bar Liaison, The
Florida Bar, Tallahassee, Florida,

for Petitioner

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APPENDIX

RULE 1.080. SERVICE AND FILING OF PLEADINGS,;
ORDERS,; AND DOCUMENTS; AND
TRANSCRIPTS

(a) Service. Every pleading subsequent toafter the initial
pleading, all orders, and every other document filed or required by
statute or rule to be served in the action must be served in
conformity with the requirements of Florida Rule of General Practice
and Judicial Administration 2.516.

(b) Filing. All documents shallmust be filed in conformity
with the requirements of Florida Rule of General Practice and
Judicial Administration 2.525.

(c) [No Change]

(d) Format of Filed Transcripts. All transcripts filed with
the court must be in full-page format, unless condensed transcripts
are authorized by the court. The Portable Document Format (“PDF”)
file(s) of all transcripts must be text searchable.

Committee Notes
2024 Amendment. Rule 1.080(d) aligns the civil rules with
the Florida Rules of Appellate Procedure, which require filing full-
page format transcripts, including depositions, in all appellate
courts. This rule does not prevent the use of condensed transcripts
for other purposes.

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RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION

(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 within 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 in subdivision
(b)(2) of this rule.

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 asset by
the court prescribes.

(b) Notice; Method of Taking; Production at Deposition.

(1) – (3) [No Change]

(4) Any deposition may be audiovisually recorded
without leave of the court or stipulation of the parties, provided the
deposition is taken in accordance with this subdivision.

(A) – (B) [No Change]

(C) Procedure. At the beginning of the deposition,
the officer before whom it is taken must, on camera:

(i) identify the style of the action,;

(ii) state the date,; and

(iii) put the witness under oath as provided in
subdivision (c)(1).

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(D) – (E) [No Change]

(5) [No Change]

(6) In the notice a party may name as the deponent a
public or private corporation, a partnership or association, or a
governmental agency, or other entity, and designate with
reasonable particularity the matters on which examination is
requested. The organization so named must designate one1 or more
officers, directors, or managing agents, or other persons who
consent to do so, to testify on its behalf and may state the matters
on which each person designated will testify. The persons so
designated must testify about matters known or reasonably
available to the organization. This subdivision does not
precludeprohibit taking a deposition by any other procedure
authorized in these rules.

(7) A deposition may be taken by communication
technology, as that term is defined in Florida Rule of General
Practice and Judicial Administration 2.530, if stipulated by the
parties or if ordered by the court on its own motion or on motion of
a party. The order may prescribe the manner indirect the method by
which the deposition will be taken. In addition to the requirements
of subdivision (b)(1), a party intending to take a deposition by
communication technology must:

(A) – (B) [No Change]

(8) [No Change]

(c) [No Change]

(d) Motion to Terminate or Limit Examination. At any
time during the taking of the deposition, on motion of a party or of
the deponent and on a showing that the examination is being
conducted in bad faith or in suchany manner as unreasonably to
annoy, embarrass, or oppress the deponent or party, or that
objection and instruction to a deponent not to answer are being
made in violation of rule 1.310(c), the court in which the action is
pending or the circuit court where the deposition is being taken

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may order the officer conducting the examination to cease
immediately from taking the deposition or may limit the scope and
manner of the taking of the deposition under rule 1.280(c). If the
order terminates the examination, it shallwill be resumed thereafter
only on the order of the court in which the action is pending.
UpoOn demand of any party or the deponent, the taking of the
deposition must be suspended for the time necessary to make a
motion for an order. The provisions of rRule 1.380(a) applyies to the
award of expenses incurred in relation to the motion.

(e) Witness Review. If the testimony is transcribed, the
transcript must be furnishedprovided to the witness for
examination and must be read to or by the witness unless the
examination and reading are waived by the witness and by the
parties. Any changes in form or substance that the witness wants to
make must be listed in writing by the officer with a statement of the
reasons given by the witness for making the changes. The changes
must be attached to the transcript. It must then be signed by the
witness unless the parties waived the signing or the witness is ill,
cannot be found, or refuses to sign. If the transcript is not signed by
the witness within a reasonable time after it is furnishedprovided to
the witness, the officer must sign the transcript and state on the
transcript the waiver, illness, absence of the witness, or refusal to
sign with any reasons given therefor. The deposition may then be
used as fully as though signed unless the court holds that the
reasons given for the refusal to sign require rejection of the
deposition wholly or partly, on motion under rule 1.330(d)(4).

(f) Filing; Exhibits.

(1) [No Change]

(2) UponAfter payment of reasonable charges, therefor
the officer must furnishprovide a copy of the deposition to any party
or to the deponent.

(3) A copy of a deposition may be filed only under the
following circumstances:

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(A) It may be filed in compliance with Florida Rule
of General Practice and Judicial Administration 2.425 and rule
1.280(g) by a party or the witness when the contents of the
deposition must be considered by the court on any matter pending
before the court. Prompt notice of the filing of the deposition must
be given to all parties unless notice is waived. A party filing the
deposition must furnishprovide a copy of the deposition or the part
being filed to other parties unless the party already has a copy.

(B) If the court determines that a deposition
previously taken is necessary for the decision of a matter pending
before the court, the court may order that a copy be filed by any
party at the initial cost of the party, and the filing party must
comply with rules 2.425 and 1.280(g).

(C) Deposition transcripts filed with the court
must be filed in full-page format, unless condensed transcripts are
authorized by the court.

(g) [No Change]

(h) Failure to Attend or to Serve Subpoena; Expenses.

(1) If the party giving the notice of the taking of a
deposition fails to attend and proceed therewith and another party
attends in person or by attorney pursuant tounder the notice, the
court may order the party giving the notice to pay to the other party
the reasonable expenses incurred by the other party and the other
party’s attorney in attending, including reasonable attorneys’ fees.

(2) [No Change]

Committee Notes
1972 Amendment – 2011 Amendment. [No Change]

2024 Amendment. Subdivision (b)(6) is amended, see Fed. R.
Civ. P. 30(b)(6), Committee Notes on 2007 Amendment. Subdivision
(f)(3)(C) is added to align the civil rules with the Florida Rules of
Appellate Procedure, which require filing of full-page format
transcripts, including depositions, in all appellate courts. This rule
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does not prevent the use of condensed transcripts for other
purposes.

Court Commentary
1984 Amendment. [No Change]

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