Fla. Fam. L. R. P. 12.390

RULE 12.390

DEPOSITIONS OF EXPERT WITNESSES

(a) Definition. The term “expert witness” as used herein

applies exclusively to a person duly and regularly engaged in the

practice of a profession who holds a professional degree from a

university or college and has had special professional training and

experience, or one possessed of special knowledge or skill about the

subject upon which called to testify.

(b) Procedure. The testimony of an expert or skilled witness

may be taken at any time before the trial in accordance with the

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rules for taking depositions and may be used at trial, regardless of

the place of residence of the witness or whether the witness is

within the distance prescribed by rule 12.330(a)(3)(B). No special

form of notice need be given that the deposition will be used for

trial.

(c) Fee. An expert or skilled witness whose deposition is

taken must be allowed a witness fee in such reasonable amount as

the court may determine. The court must also determine a

reasonable time within which payment must be made, if the

deponent and party cannot agree. All parties and the deponent

must be served with notice of any hearing to determine the fee. Any

reasonable fee paid to an expert or skilled witness may be taxed as

costs.

(d) Applicability. Nothing in this rule prevents the taking of

any deposition as otherwise provided by law.