What Is a Deposition in Florida? How It Works and What to Expect

Hollywood Car Accident Lawyer | Daniel B Reinfeld, PA

Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 25, 2026

A deposition is sworn testimony taken outside the courtroom before trial. In Florida, a lawyer asks you questions, a court reporter records every word, and the transcript can be used against you at trial. Florida Rule of Civil Procedure 1.310 governs the process. No judge is in the room, and every answer you give carries the same legal weight as testimony in front of a jury.

I have practiced law in Florida since 1999. Before I represented injured people, I defended insurance claims, so I have prepared for depositions from both sides of the table. This guide explains how a Florida deposition works, what the rules allow, and which mistakes cost people the most.

What is a deposition in Florida?

A deposition is a discovery tool. After a lawsuit is filed, any party can take the testimony of any person, including the other side, by asking questions under oath. Rule 1.310(a) says so directly: after commencement of the action, any party may take the testimony of any person, including a party.

Three features define it. The witness is under oath. A record is made, usually by a court reporter and sometimes by video. And the transcript can be used in the case later. A deposition is not an interview and it is not a trial. It sits between the two: formal enough to carry penalties for lying, informal enough that no judge rules on objections as they happen.

Depositions happen after suit is filed. A plaintiff who wants to depose someone within 30 days after a defendant is served needs permission from the court, unless the defendant has already served a deposition notice or sought other discovery. Florida also allows limited depositions before a lawsuit to preserve testimony under Rule 1.290, but that is the exception.

Why do lawyers take depositions?

Lawyers take depositions to lock in testimony, learn facts and documents they do not yet have, judge how a witness will come across, and create material to challenge the witness if the story changes later.

That last purpose matters most to the person being deposed. A deposition fixes your account of the accident, your injuries, and your history. If your trial testimony differs, the other side reads your deposition answer to the jury.

Do depositions lead to settlement? Often, yes. Depositions are where each side learns what its case is really worth. Mediation commonly follows once the key witnesses have testified, and many cases resolve there.

Who can be deposed in a Florida lawsuit?

Any person with information about the case can be deposed, whether or not they are a party. A party needs only written notice. A non-party needs a subpoena under Rule 1.410.

A non-party witness can be required to attend only in the county where they live, work, or regularly do business in person, unless a court order sets another convenient place. A witness who ignores a valid subpoena can be held in contempt under Rule 1.410(f).

Companies are deposed through a representative. Under Rule 1.310(b)(6), a party can name a corporation, partnership, association, government agency, or other entity as the deponent and describe the topics it wants covered. The entity must then designate someone to testify about information known or reasonably available to it. The words "or other entity" were added in a 2024 amendment, which means limited liability companies and similar organizations are covered.

Treating doctors, retained experts, police officers, and eyewitnesses are all routinely deposed. A minor who is subpoenaed has the right to be accompanied by a parent or guardian throughout the testimony, except in narrow circumstances a court must find.

How does a deposition work in Florida?

A Florida deposition moves through six stages: notice, subpoena if needed, setup, oath, questioning, and transcript review.

Step 1: The notice

The lawyer who wants the deposition serves written notice on every other party. Rule 1.310(b)(1) requires "reasonable notice" and requires the notice to state the time, the place, and the name and address of each person to be examined. The rule sets no fixed number of days. If documents must be brought, the notice must attach or include a list of them.

Step 2: The subpoena, for non-parties

A party who receives a notice must appear. A non-party must be served with a subpoena. The clerk or any attorney of record in the case can issue it.

Step 3: Location and format

Depositions rarely take place at the courthouse. Most occur at a law office or the court reporter's office. A deposition can be recorded by video without asking the court, but the notice must say so in its title and identify the recording method, and the testimony must also be recorded stenographically unless every party agrees otherwise.

Remote depositions by Zoom or similar technology require either an agreement between the parties or a court order. The notice must say in its title that the deposition will be taken by communication technology and explain how to access it. A party cannot unilaterally move a deposition online.

Step 4: The oath

An officer authorized to administer oaths, usually the court reporter, swears the witness in before any questions are asked. From that moment, you are testifying under penalty of perjury.

Step 5: The questioning

Everyone present can attend: the witness, the witness's lawyer, the other parties' lawyers, the parties themselves, the court reporter, and a videographer if the deposition is recorded. The lawyer who noticed the deposition questions first. The other lawyers follow. Under Rule 1.310(c)(1), examination and cross-examination proceed as they would at trial. Documents shown to the witness are marked as exhibits and attached to the transcript.

Step 6: Objections and transcript review

Objections are noted on the record. Under Rule 1.310(c)(1), any objection must be stated concisely and in a nonargumentative and nonsuggestive manner. The witness answers anyway, because evidence objected to is taken subject to the objection and a judge rules on it later, if it ever matters.

After the deposition, the court reporter prepares the transcript if a party requests one. The witness is entitled to read it, list changes in form or substance with reasons, and sign it, unless the witness and the parties waive review. Rule 1.310(e) gives no fixed number of days. If the witness does not sign within a reasonable time, the officer signs the transcript and the deposition can be used as though the witness had signed it.

How long does a Florida deposition take?

Florida's civil rules set no hour limit on a deposition. Federal court caps a deposition at one day of seven hours under Federal Rule of Civil Procedure 30(d)(1). Florida's Rule 1.310 has no equivalent. The rule says only that, for cause shown, the court may enlarge or shorten the time for taking the deposition (Rule 1.310(b)(3)). A judge controls length by entering a protective order under Rule 1.280(d) or by ruling on a motion under Rule 1.310(d) if the questioning becomes abusive.

In practice, a deposition of an injured person in a Florida personal injury case usually runs a few hours. Cases with a long medical history, disputed fault, or multiple defense lawyers can take a full day. Plan for a full day anyway, and do not schedule anything important afterward.

What happens if you do not show up?

A party who fails to appear for a properly noticed deposition faces sanctions. Under Rule 1.380(e), the court can order that facts be treated as established against you, bar you from supporting or opposing particular claims or defenses, strike your pleadings, dismiss your case, or enter a default judgment against you. The court must also order you to pay the other side's reasonable expenses, including attorney's fees, unless your failure was substantially justified.

Claiming the questions were objectionable is not an excuse unless you asked the court for a protective order before the deposition. A non-party who ignores a subpoena can be held in contempt. A deponent who refuses to answer after a judge orders an answer can also be held in contempt under Rule 1.380(b)(1).

If you cannot attend, tell your lawyer immediately. Dates can be moved by agreement or by court order. They cannot be moved by silence.

Do you have to answer every question at a deposition?

Yes, unless your lawyer instructs you not to answer. Florida limits those instructions. Under Rule 1.310(c)(1), a lawyer may instruct a witness not to answer only to preserve a privilege, to enforce a limit on evidence set by the court, or to present a motion to terminate or limit the deposition.

A lawyer's objection does not excuse you from answering. Wait for the objection to be stated, then answer unless your lawyer tells you not to.

If the examination is conducted in bad faith or in a way that unreasonably annoys, embarrasses, or oppresses the witness, the witness or a party can stop the deposition and ask the court to end it or limit its scope. Rule 1.310(d) requires the deposition to be suspended for the time needed to make that motion.

Can a deposition be used against you at trial?

Yes. Rule 1.330 controls how depositions are used in court, and the rule is broad.

Any party can use a deposition to contradict or impeach the witness. If you are a party, or an officer, director, or managing agent of a party, the other side can use your deposition for any purpose, not only to impeach you. A deposition of any witness can replace live testimony if the court finds the witness is dead, is more than 100 miles from the place of trial or out of state, cannot attend because of age, illness, infirmity or imprisonment, cannot be subpoenaed, is an expert, or presents exceptional circumstances.

Lawyers must object to the form of a question at the deposition itself, or the objection is waived. That is one reason an experienced lawyer sitting next to you matters.

Lying in a deposition is a crime. Section 837.011(1), Florida Statutes, defines an official proceeding to include testimony taken by a person taking a deposition in connection with a judicial proceeding. A false statement under oath on a material matter in an official proceeding is a third-degree felony under section 837.02(1), Florida Statutes, punishable by up to five years in prison. Being mistaken or forgetting is not perjury. Knowingly saying something false is.

What will they ask in a Florida personal injury deposition?

In an injury case, the defense lawyer will ask about your background, work history, the accident, your medical history, your treatment, your daily activities, and your claim history. Expect questions on every one of these topics.

On the accident, expect detailed questions about where you were going, what you saw, how fast you were traveling, what you said at the scene, and who you spoke to afterward. On your medical history, expect questions about injuries to the same body parts before the accident, prior accidents, prior claims, and prior lawsuits. On treatment, expect questions about every provider, how you chose each one, how long you waited before seeing a doctor, and any gaps between appointments. They will also ask about your social media, your hobbies, and what you can and cannot do now.

I took the other side of this table before I represented injured people, and I can tell you what the defense is looking for. It is not a confession. It is inconsistency: a story that changed, an injury described differently in a medical record, a gap in treatment, a photo that does not match the testimony. Truthful, well-prepared testimony avoids all of them.

Do not delete social media posts or photos once a claim is in the works. Florida courts can sanction a party for failing to take reasonable steps to preserve electronically stored information under Rule 1.380(f).

How should you answer deposition questions?

Tell the truth, answer only what is asked, and stop. Everything else follows from those three rules.

Tell the truth every time. A damaging truth can be explained. A lie cannot.

Listen to the full question and pause before answering. The pause gives your lawyer time to object and gives you time to think. The court reporter cannot record two people talking at once.

Answer only the question asked. If the question is "Do you know what time it was?" the answer is "Yes" or "No," followed by the time if you know it. Do not volunteer. Every extra sentence is a new topic for the next question.

Do not guess. If you do not know, say you do not know. If you are estimating, say you are estimating. "I don't recall" is a complete answer only when it is true.

Ask to see any document you are asked about. Do not testify from memory about what a record says.

Do not argue, joke, or try to persuade. The transcript will not show your tone. It will show your words.

Ask for a break whenever you need one. Expect to answer the question that is pending first.

Prepare with your lawyer beforehand. Review your medical records, your prior statements, and your timeline. Never memorize a script. Prepare to remember the facts, not recite them.

What should you never say in a deposition?

Never say "always" or "never" unless it is literally true, never state a guess as a fact, and never say "that's everything" when you may have forgotten something. The safer answer is "that's all I recall right now."

Do not state legal conclusions such as "it was entirely his fault." Do not discuss what you and your lawyer talked about, because attorney-client communications are privileged and your lawyer will instruct you not to answer. Do not answer a question you did not understand. Ask for it to be repeated or rephrased.

How is a deposition different from an examination under oath or a recorded statement?

A deposition happens after a lawsuit is filed and follows court rules. An examination under oath, or EUO, is a sworn interview that an insurance company can demand under the terms of your policy. It is not governed by Rule 1.310, a judge does not oversee it, and refusing to attend can put your coverage at risk. EUOs are common in first-party property claims. If your insurer demands one, call a lawyer before you respond. See our guide to property insurance claims in Hollywood and South Florida.

A recorded statement is an informal interview, usually by phone, taken by an insurance adjuster. You owe your own insurer cooperation under your policy. You owe the other driver's insurer nothing. If you are asked for a recorded statement after a crash, read what to do after a car accident in Florida first.

A deposition is not trial testimony either. At trial a judge rules on objections as they are made and a jury watches. At a deposition no judge is present and no jury sees you in person, but the transcript or video can be shown to the jury later.

What is a video deposition in Florida?

A video deposition is a deposition recorded with audio and video instead of, or in addition to, a written transcript. Florida lets any party record a deposition on video without asking the court or getting the other side's agreement, as long as the notice follows Rule 1.310(b)(4).

The notice must say in its title that the deposition will be audiovisually recorded. The body of the notice must identify the recording method and, where one is used, give the name and address of the video operator. The deposition must also be recorded by a stenographer unless every party agrees otherwise. At the start, the officer must state on camera the style of the case, the date, and then swear in the witness.

The lawyer who requested the video is responsible for safeguarding the recording, must let the other side view it, and must provide a copy on request at the requesting party's expense. The requesting party also pays the initial cost of the recording.

If a party wants to play the video at a hearing or trial, Rule 1.310(c)(2) requires that the testimony be transcribed and a copy of the transcript filed with the court.

For the witness, video changes how you should behave. The camera records your pauses, your tone, and your reactions, and a jury may watch it months later. Sit upright, keep your answers calm and short, and do not argue with the questioner or react to objections.

What is a trial deposition in Florida?

A trial deposition is a deposition taken so it can be played or read to the jury in place of live testimony. The term is common practice, not a separate category in the rules. Florida does not distinguish between a "discovery deposition" and a "trial deposition." Any deposition can be used at trial to the extent Rule 1.330 allows.

Trial depositions are most common for doctors and other experts. Rule 1.330(a)(3)(F) allows the deposition of an expert or skilled witness to be used by any party for any purpose, so a treating physician's busy schedule does not have to disrupt the trial. They are also used for witnesses who are dead, more than 100 miles from the courthouse, out of state, unable to attend because of age, illness, infirmity or imprisonment, or who cannot be reached by subpoena.

A trial deposition runs differently from a discovery deposition. The lawyer who calls the witness asks structured questions, as in a direct examination, and the other side cross-examines, because Rule 1.310(c)(1) lets examination proceed as it would at trial. The testimony is usually videotaped, because a jury follows video far better than a read transcript.

Objections matter more here. Objections to the form of a question are waived if they are not made at the deposition (Rule 1.330(d)(3)(B)), while objections to relevance and similar substantive grounds are generally preserved for the judge to rule on before the video is shown. Rule 1.330(a)(4) also lets the other side require the party to play any other portion that in fairness ought to be considered with the part offered.

One more rule affects strategy. Taking a deposition does not make the witness your witness. Introducing it for any purpose other than contradicting or impeaching the deponent does (Rule 1.330(c)).

What changed in Florida deposition rules in 2025?

Florida amended its civil discovery rules effective January 1, 2025. The reforms added a proportionality standard to discovery under Rule 1.280 and required initial disclosures. Rule 1.310(b)(6) was amended to add "or other entity" to the list of organizations that can be named as a deponent. Rule 1.310 also now requires that deposition transcripts filed with the court be in full-page format unless the court authorizes condensed transcripts.

The rules in this article reflect the Florida Rules of Civil Procedure as published by The Florida Bar effective April 1, 2026.

Frequently Asked Questions

What is a deposition in simple terms?

A deposition is a question-and-answer session under oath, taken before trial, with a court reporter recording everything said. Lawyers use it to learn what a witness knows and to preserve that testimony for later use in the case.

Is a deposition under oath in Florida?

Yes. The officer taking the deposition swears the witness in before questioning begins, and false answers on material matters can be prosecuted as perjury under section 837.02, Florida Statutes.

Do I need a lawyer at my deposition?

Yes. A lawyer prepares you in advance, makes the objections that preserve your rights, and can instruct you not to answer when privilege applies. A party who appears without a lawyer risks waiving objections that cannot be raised later.

Can I refuse to be deposed in Florida?

A party cannot refuse. Failing to appear for a properly noticed deposition exposes you to sanctions under Rule 1.380(e), up to dismissal or default. A non-party with a valid objection to a subpoena must raise it with the court before the deposition, not by staying home.

How much notice do I get before a deposition?

Rule 1.310(b)(1) requires reasonable written notice to every party. Florida's rule sets no fixed number of days. In practice, lawyers usually agree on a date before the notice is served.

Can a Florida deposition be taken by Zoom?

Yes, if all parties agree or the court orders it. Under Rule 1.310(b)(7), the notice must state in its title that the deposition will use communication technology and explain how to join.

Can I change my answers after the deposition?

Yes, through the review process in Rule 1.310(e). You list changes in form or substance with your reasons, and the changes are attached to the transcript. The original answer stays in the record, and the other side can use both, so substantive changes can hurt your credibility.

How long does a deposition last?

Florida sets no hour limit. A deposition of an injured person usually takes a few hours, and complex cases can take a full day.

Call Today. Discuss Your Deposition Directly With Dan

A deposition requires careful preparation. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years and spent years defending insurance claims before representing injured people, so he knows how the other side prepares and how to prepare you for it.

Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.

Call (954) 923-6110 or email dan@reinfeldlaw.com.

Hollywood office: 2450 Hollywood Boulevard, Suite 706, Hollywood, FL 33020. Open Monday through Friday, 9:00 a.m. to 5:00 p.m., with 24/7 live telephone answering. Fort Lauderdale consultations by appointment at 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301.

Related guides: Hollywood car accident lawyer, Hollywood slip and fall lawyer, Hollywood workers' compensation lawyer.

Sources: Florida Rules of Civil Procedure, Rules 1.280, 1.290, 1.310, 1.330, 1.380, and 1.410 (The Florida Bar, effective April 1, 2026); Chapter 837, Florida Statutes (Perjury); In re Amendments to Florida Rules of Civil Procedure 1.080 and 1.310, No. SC2023-1678 (Fla. July 3, 2024); Federal Rule of Civil Procedure 30(d)(1).

This article provides general information about Florida civil procedure. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and you should speak with a lawyer about your situation.

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