Rule Change: Florida Supreme Court Issues Amendments for Visual Recording of Some Depositions
"I've had witnesses say, 'that transcript is wrong, I didn't say that,'" Alex Saiz, the director of legal services at the Florida Justice Center, recalled. "If I could just play for the jury them giving completely different testimony, that would be devastating."
August 26, 2022 at 04:26 PM
3 minute read
The Florida Supreme Court approved new amendments effective Oct. 1 to the Florida Rules of Criminal Procedure, including nixing the visual recording of adult deponents unless the court ordered it, or the parties and the deponent agreed upon it.
Alex Saiz, the director of legal services at the Florida Justice Center and a former Miami-Dade assistant public defender for nearly a decade, said the videotaping of depositions should be the rule by default. He said the problem in cross-examinations is that a witness could provide testimony different than what the witness said in their deposition. However, without the videotaping of the deposition, the witness can claim the transcript was wrong.
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