(e) Restricting Disclosure. The court on its own initiative or on motion of counsel shall deny or partially restrict
disclosures authorized by this rule if it finds there is a substantial risk to any person of physical harm, intimidation,
bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from the disclosure, that
outweighs any usefulness of the disclosure to either party.
(f) Additional Discovery.
On a showing of materiality, the court may require such other discovery to the parties
as justice may require.
(g) Matters Not Subject to Disclosure.
(1) Work Product.
Disclosure shall not be required of legal research or of records, correspondence, reports, or
memoranda to the extent that they contain the opinions, theories, or conclusions of the prosecuting or defense
attorney or members of their legal staffs.
(2) Informants.
Disclosure of a confidential informant shall not be required unless the confidential informant is to
be produced at a hearing or trial or a failure to disclose the informant’s identity will infringe the constitutional rights of
the defendant.
(h) Discovery Depositions.
(1) Generally.
At any time after the filing of the charging document any party may take the deposition upon
oral examination of any person authorized by this rule. A party taking a deposition shall give reasonable written
notice to each other party and shall make a good faith effort to coordinate the date, time, and location of the
deposition to accommodate the schedules of other parties and the witness to be deposed. The notice shall state the
time and the location where the deposition is to be taken, the name of each person to be examined, and a certificate
of counsel that a good faith effort was made to coordinate the deposition schedule. After notice to the parties the
court may, for good cause shown, extend or shorten the time and may change the location of the deposition. Except
as provided herein, the procedure for taking the deposition, including the scope of the examination, and the issuance
of a subpoena (except a subpoena duces tecum) for deposition by an attorney of record in the action, shall be the
same as that provided in the Florida Rules of Civil Procedure. Any deposition taken pursuant to this rule may be
used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. The
trial court or the clerk of the court may, upon application, issue subpoenas for the persons whose depositions are to
be taken. In any case, including multiple defendants or consolidated cases, no person shall be deposed more than
once except by consent of the parties or by order of the court issued on good cause shown. A witness who refuses to
obey a duly served subpoena may be adjudged in contempt of the court from which the subpoena issued.
(A) The defendant may, without leave of court, take the deposition of any witness listed by the prosecutor as a
Category A witness or listed by a co-defendant as a witness to be called at a joint trial or hearing. After receipt by
the defendant of the Discovery Exhibit, the defendant may, without leave of court, take the deposition of any
unlisted witness who may have information relevant to the offense charged. The prosecutor may, without leave of
court, take the deposition of any witness listed by the defendant to be called at a trial or hearing.
(B) No party may take the deposition of a witness listed by the prosecutor as a Category B witness except upon
leave of court with good cause shown. In determining whether to allow a deposition, the court should consider the
consequences to the defendant, the complexities of the issues involved, the complexity of the testimony of the witness
(e.g., experts), and the other opportunities available to the defendant to discover the information sought by deposition.
(C) A witness listed by the prosecutor as a Category C witness shall not be subject to deposition unless the
court determines that the witness should be listed in another category.
(D) No deposition shall be taken in a case in which the defendant is charged only with a misdemeanor or a
criminal traffic offense when all other discovery provided by this rule has been complied with unless good cause can
be shown to the trial court. In determining whether to allow a deposition, the court should consider the consequences
to the defendant, the complexity of the issues involved, the complexity of the witness’ testimony (e.g., experts), and
the other opportunities available to the defendant to discover the information sought by deposition. However, this
prohibition against the taking of depositions shall not be applicable if following the furnishing of discovery by the
defendant the state then takes the statement of a listed defense witness pursuant to section 27.04, Florida Statutes.
(2) Transcripts.
No transcript of a deposition for which a county may be obligated to expend funds shall be
ordered by a party unless it is:
(A) agreed between the state and any defendant that the deposition should be transcribed and a written
agreement certifying that the deposed witness is material or specifying other good cause is filed with the court or
(B) ordered by the court on a showing that the deposed witness is material or on showing of good cause.
This rule shall not apply to applications for reimbursement of costs pursuant to section 939.06, Florida Statutes, and
article I, section 9, of the Florida Constitution.
(3) Location of Deposition.
Depositions of witnesses residing in the county in which the trial is to take place shall
be taken in the building in which the trial shall be held, such other location as is agreed on by the parties, or a location
designated by the court. Depositions of witnesses residing outside the county in which the trial is to take place shall be
taken in a court reporter’s office in the county or state in which the witness resides, such other location as is agreed on
by the parties, or a location designated by the court.
(4) Depositions of Sensitive Witnesses.
Depositions of children under the age of 16 shall be videotaped unless
otherwise ordered by the court. The court may order the videotaping of a deposition or the taking of a deposition of a
witness with fragile emotional strength to be in the presence of the trial judge or a special magistrate.
(5) Depositions of Law Enforcement Officers.
Subject to the general provisions of subdivision (h)(1), law
enforcement officers shall appear for deposition, without subpoena, upon written notice of taking deposition
delivered at the address of the law enforcement agency or department, or an address designated by the law enforcement
agency or department, five days prior to the date of the deposition. Law enforcement officers who fail to
appear for deposition after being served notice are subject to contempt proceedings.
(6) Witness Coordinating Office/Notice of Taking Deposition.
If a witness coordinating office has been
established in the jurisdiction pursuant to applicable Florida Statutes, the deposition of any witness should be
coordinated through that office. The witness coordinating office should attempt to schedule the depositions of a
witness at a time and location convenient for the witness and acceptable to the parties.
(7) Defendant’s Physical Presence.
A defendant shall not be physically present at a deposition except on
stipulation of the parties or as provided by this rule. The court may order the physical presence of the defendant on a
showing of good cause. The court may consider (A) the need for the physical presence of the defendant to obtain
effective discovery, (B) the intimidating effect of the defendant’s presence on the witness, if any, (C) any cost or
inconvenience which may result, and (D) any alternative electronic or audio/visual means available.
(8) Telephonic Statements.
On stipulation of the parties and the consent of the witness, the statement of a law
enforcement officer may be taken by telephone in lieu of the deposition of the officer. In such case, the officer need
not be under oath. The statement, however, shall be recorded and may be used for impeachment at trial as a prior
inconsistent statement pursuant to the Florida Evidence Code.
(i) Investigations Not to Be Impeded.
Except as is otherwise provided as to matters not subject to disclosure or
restricted by protective orders, neither the counsel for the parties nor other prosecution or defense personnel shall
advise persons having relevant material or information (except the defendant) to refrain from discussing the case
with opposing counsel or showing opposing counsel any relevant material, nor shall they otherwise impede opposing
counsel’s investigation of the case.
(j) Continuing Duty to Disclose.
If, subsequent to compliance with the rules, a party discovers additional
witnesses or material that the party would have been under a duty to disclose or produce at the time of the previous
compliance, the party shall promptly disclose or produce the witnesses or material in the same manner as required
under these rules for initial discovery.
(k) Court May Alter Times.
The court may alter the times for compliance with any discovery under these rules
on good cause shown.
(
l) Protective Orders.
(1) Motion to Restrict Disclosure of Matters.
On a showing of good cause, the court shall at any time
order that specified disclosures be restricted, deferred, or exempted from discovery, that certain matters not be
inquired into, that the scope of the deposition be limited to certain matters, that a deposition be sealed and after
being sealed be opened only by order of the court, or make such other order as is appropriate to protect a witness
from harassment, unnecessary inconvenience, or invasion of privacy, including prohibiting the taking of a
deposition. All material and information to which a party is entitled, however, must be disclosed in time to permit
the party to make beneficial use of it.
(2) Motion to Terminate or Limit Examination.
At any time during the taking of a deposition, on motion of
a party or of the deponent, and upon a showing that the examination is being conducted in bad faith or in such
manner as to unreasonably annoy, embarrass, or oppress the deponent or party, the court in which the action is
pending or the circuit court where the deposition is being taken may (1) terminate the deposition, (2) limit the scope
and manner of the taking of the deposition, (3) limit the time of the deposition, (4) continue the deposition to a later
time, (5) order the deposition to be taken in open court, and, in addition, may (6) impose any sanction authorized by
this rule. If the order terminates the deposition, it shall be resumed thereafter only upon the order of the court in
which the action is pending. Upon demand of any party or deponent, the taking of the deposition shall be suspended
for the time necessary to make a motion for an order.
(m) In Camera and Ex Parte Proceedings.
(1) Any person may move for an order denying or regulating disclosure of sensitive matters. The court may
consider the matters contained in the motion in camera.
(2) Upon request, the court shall allow the defendant to make an ex parte showing of good cause for taking the
deposition of a Category B witness.
(3) A record shall be made of proceedings authorized under this subdivision. If the court enters an order granting
relief after an in camera inspection or ex parte showing, the entire record of the proceeding shall be sealed and preserved
and be made available to the appellate court in the event of an appeal.
(n) Sanctions.
(1) If, at any time during the course of the proceedings, it is brought to the attention of the court that a party has
failed to comply with an applicable discovery rule or with an order issued pursuant to an applicable discovery rule,
the court may order the party to comply with the discovery or inspection of materials not previously disclosed or
produced, grant a continuance, grant a mistrial, prohibit the party from calling a witness not disclosed or introducing
in evidence the material not disclosed, or enter such other order as it deems just under the circumstances.
(2) Willful violation by counsel or a party not represented by counsel of an applicable discovery rule, or an
order issued pursuant thereto, shall subject counsel or the unrepresented party to appropriate sanctions by the court.
The sanctions may include, but are not limited to, contempt proceedings against the attorney or unrepresented party,
as well as the assessment of costs incurred by the opposing party, when appropriate.
(3) Every request for discovery or response or objection, including a notice of deposition made by a party
represented by an attorney, shall be signed by at least 1 attorney of record in the attorney’s individual name, whose
address shall be stated. A party who is not represented by an attorney shall sign the request, response, or objection
and list his or her address. The signature of the attorney or party constitutes a certification that the signer has read
the request, response, or objection and that to the best of the signer’s knowledge, information, or belief formed after
a reasonable inquiry it is:
(A) consistent with these rules and warranted by existing law or a good faith argument for the extension,
modification, or reversal of existing law;
(B) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless
increase in the cost of litigation; and
(C) not unreasonable or unduly burdensome or expensive, given the needs of the case and the importance of
the issues at stake in the litigation.
If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission
is called to the attention of the party making the request, response, or objection, and a party shall not be obligated to
take any action with respect to it until it is signed.
If a certification is made in violation of this rule, the court, on motion or on its own initiative, shall impose on
the person who made the certification, the firm or agency with which the person is affiliated, the party on whose
behalf the request, response, or objection is made, or any or all of the above an appropriate sanction, which may
include an order to pay the amount of the reasonable expenses incurred because of the violation, including a
reasonable attorney’s fee.
(o) Costs of Indigents.
After a defendant is adjudged insolvent, the reasonable costs incurred in the operation of
these rules shall be taxed as costs against the state.
(p) Pretrial Conference.
(1) The trial court may hold 1 or more pretrial conferences, with trial counsel present, to consider such
matters as will
