Under Rule 1.300, a deposition must be taken before an officer authorized to administer oaths under Florida law or before a person otherwise authorized by the rule. In practice, this typically includes notaries public, court reporters, or other individuals legally authorized to administer oaths.
Rule 1.310 requires that the deposition officer administer the oath to the witness and record the testimony. The officer must then certify that the transcript accurately reflects the testimony given. This certification becomes part of the official deposition record and is relied upon when deposition testimony is later used in motion practice, evidentiary proceedings, or trial.
Rule 1.330 governs the use of depositions in court proceedings and addresses objections to the manner in which a deposition was taken. Certain procedural irregularities—including issues relating to the qualification of the deposition officer or the manner in which testimony was recorded—may be waived if not raised during the deposition.
Florida law permits depositions to be recorded by stenographic, audio, audiovisual, or other approved methods, and remote depositions are commonly conducted by agreement of the parties or by court order. Regardless of the recording method used, practitioners typically ensure that the deposition officer is properly authorized to administer the oath and that the transcript certification complies with the Florida Rules of Civil Procedure.
Last reviewed: April 2026