Title: Depositions in Juvenile Proceedings

Summary: Provides for time & location of deposition; provides procedures; provides for depositions of different categories of witnesses; provides that no disposition may be taken in certain cases; specifies factors to be considered in allowing deposition; allows use of deposition for impeachment; allows use of unintroduced portions of deposition in certain circumstances; authorizes sanctions for disobedience of subpoena; provides circumstances under which presence of child may be required, etc.

Full Text:
An act relating to depositions in juvenile proceedings; creating s. 985.326, F.S.; providing for time and location of deposition; providing procedures; providing for depositions of different categories of witnesses; providing that no disposition may be taken in certain cases; specifying factors to be considered in allowing a deposition; allowing use of deposition testimony for impeachment; allowing use of unintroduced portions of a deposition in certain circumstances; authorizing sanctions for disobedience of a subpoena; providing circumstances under which the presence of a child may be required for a deposition; authorizing the taking of statements by law enforcement officers by telephone in certain circumstances; providing for use of such statements; requiring video recording of depositions of children under 16 years of age unless otherwise ordered; providing for video recording of other witnesses depositions; providing an effective date. 21 Be It Enacted by the Legislature of the State of Florida: 23 Section 1. Section 985.326, Florida Statutes, is created to read: 985.326 Depositions.-(1) TIME AND LOCATION.-(a) At any time after the filing of the petition alleging a child to be delinquent, any party may take the deposition upon oral examination of any person authorized by this section. (b) Depositions of witnesses residing in the county in which the adjudicatory hearing is to take place shall be taken in the building in which the adjudicatory hearing is to be held, another location agreed on by the parties, or a location designated by the court. Depositions of witnesses residing outside the county in which the adjudicatory hearing is to take place shall take place in a court reporter's office in the county and state in which the witness resides, another location agreed to by the parties, or a location designated by the court. (2) PROCEDURE.-(a) The party taking the 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 with other parties and the witness to be deposed to accommodate their schedules. The notice shall state the time and the location of the deposition and the name of each person to be examined, and include a certificate of counsel that a good faith effort was made to coordinate the deposition schedule. (b) Upon application, the court or the clerk of the court may issue subpoenas for the persons whose depositions are to be taken. (c) After notice to the parties, the court, for good cause shown, may change the time or location of the deposition. (d) In any case, a person may not be deposed more than once except by consent of the parties or by order of the court issued on good cause shown. (e) Except as otherwise provided by this section, the procedure for taking the deposition, including the scope of the examination and the issuance of a subpoena, other than 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. (f) The child, only with leave of court, may take the deposition of any witness listed by the petitioner as a Category A witness, as defined in Rule 8.060, Florida Rules of Juvenile Procedure, or listed by a codefendant as a witness to be called at a joint hearing. After receipt by the child of the discovery exhibit, the child, without leave of court, may take the deposition of any unlisted witness who may have information relevant to the petition's allegations. The petitioner, only with leave of court, may take the deposition of any witness listed by the child to be called at a hearing. (g) No party may take the deposition of a witness listed by the petitioner as a Category Bwitness, as defined in Rule 8.060, Florida Rules of Juvenile Procedure, except upon leave of court with good cause shown. (h) A witness listed by the petitioner as a Category Cwitness, as defined in Rule 8.060, Florida Rules of Juvenile Procedure, is not subject to deposition unless the court determines that the witness should be listed in another category. (i) A deposition may not be taken in a case in which a petition has been filed alleging that the child committed only a misdemeanor or a criminal traffic offense when all other discovery provided by this section has been complied with. In determining whether to allow a deposition, the court should consider the consequences to the child, the complexity of the issues involved, the complexity of the witness's testimony, and the other opportunities available to the child to discover the information sought by deposition. (3) USE OF DEPOSITION.-Any deposition taken under this section may be used at any hearing covered by this chapter by any party for the purpose of impeaching the testimony of the deponent as a witness. (4) INTRODUCTION OF PART OF DEPOSITION.-If only part of a deposition is offered in evidence by a party, an adverse party may require the introduction of any other part that in fairness should be considered with the part introduced, and any party may introduce any other parts. (5) SANCTIONS.-A witness who refuses to obey a duly served subpoena for the taking of a deposition may be adjudged in contempt of the court from which the subpoena issued. (6) PHYSICAL PRESENCE OF CHILD.-The child shall not be physically present at a deposition except upon stipulation of the parties or as provided by this section. The court may order the physical presence of the child upon a showing of good cause. In ruling, the court may consider the following: (a) The need for the physical presence of the child to obtain effective discovery. (b) The intimidating effect of the child's presence on the witness, if any. (c) Any cost or inconvenience which may result. (d) Any alternative electronic or audio-visual means available to protect the child's ability to participate in discovery without the child's physical presence. (7) STATEMENTS OF LAW ENFORCEMENT OFFICERS.-Upon 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 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 under s. 90.614. (8) DEPOSITIONS OF LAW ENFORCEMENT OFFICERS.-Subject to the general provisions of this section, law enforcement officers shall appear for deposition, without subpoena, upon written notice of taking deposition delivered at the address designated by the law enforcement agency or department or, if an address has not been designated, to the address of the law enforcement agency or department, at least days before the date of the deposition. Law enforcement officers who fail to appear for deposition after being served notice are subject to contempt proceedings. (9) VIDEO RECORDED DEPOSITIONS.-Video recordings of depositions of children under the age of shall be made upon demand of any party unless otherwise ordered by the court. The court may order a video recording of a deposition or taking of a deposition of a witness with fragile emotional strength to be shown in the presence of the trial judge or a special magistrate. Section 2. This act shall take effect July 1, 2011.