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Fla. Fam. L. R. P. 12.390 — Depositions of Expert Witnesses

The Rule Book — Florida Family Law Rules of Procedure, by Florida Justice / Phillips, Hunt & Walker

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Fla. Fam. L. R. P. 12.390 — Depositions of Expert Witnesses

Last verified from official source: May 1, 2026 · Source: Florida Bar — Florida Family Law Rules of Procedure (eff. October 1, 2025)

Rule Text (verbatim)

(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 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.

Florida Family Law Rule 12.390 infographic — Phillips, Hunt & Walker / Florida Justice

Plain-English Breakdown

Plain-English explanation by Matthew Hunt, B.C.S. (Board Certified in Marital & Family Law) — coming soon. Watch the upcoming video for this rule.

Common Family Law Cross-References

This rule sits in the broader Florida Family Law Rules of Procedure framework. See related rules in The Rule Book.

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