HomeAboutContact | ...loading...

RULE 1.451 | TAKING TESTIMONY

(a) Testimony at Hearing or Trial. When testifying at a hearing or trial, a witness must be physically present unless otherwise provided by law or rule of procedure.

(b) Communication Equipment. The court may permit a witness to testify at a hearing or trial by contemporaneous audio or video communication equipment
(1) by agreement of the parties or

(2) for good cause shown upon written request of a party upon reasonable notice to all other parties.
The request and notice must contain the substance of the proposed testimony and an estimate of the length of the proposed testimony. In considering sufficient good cause, the court shall weigh and address in its order the reasons stated for testimony by communication equipment against the potential for prejudice to the objecting party.

(c) Required Equipment. Communication equipment as used in this rule means a conference telephone or other electronic device that permits all those appearing or participating to hear and speak to each other simultaneously and permits all conversations of all parties to be audible to all persons present. Contemporaneous video communications equipment must make the witness visible to all participants during the testimony. For testimony by any of the foregoing means, there must be appropriate safeguards for the court to maintain sufficient control over the equipment and the transmission of the testimony so the court may stop the communication to accommodate objection or prevent prejudice.

(d) Oath. Testimony may be taken through communication equipment only if a notary public or other person authorized to administer oaths in the witness’s jurisdiction is present with the witness and administers the oath consistent with the laws of the jurisdiction.

(e) Burden of Expense. The cost for the use of the communication equipment is the responsibility of the requesting party unless otherwise ordered by the court.
Committee Notes
2013 Adoption. This rule allows the parties to agree, or one or more parties to request, that the court authorize presentation of witness testimony by contemporaneous video or audio communications equipment. A party seeking to present such testimony over the objection of another party must still satisfy the good-cause standard. In determining whether good cause exists, the trial court may consider such factors as the type and stage of proceeding, the presence or absence of constitutionally protected rights, the importance of the testimony to the resolution of the case, the amount in controversy in the case, the relative cost or inconvenience of requiring the presence of the witness in court, the ability of counsel to use necessary exhibits or demonstrative aids, the limitations (if any) placed on the opportunity for opposing counsel and the finder of fact to observe the witness’s demeanor, the potential for unfair surprise, the witness’s affiliation with one or more parties, and any other factors the court reasonably deems material to weighing the justification the requesting party has offered in support of the request to allow a witness to testify by communications equipment against the potential for prejudice to the objecting party. With the advance of technology, the cost and availability of contemporaneous video testimony may be considered by the court in determining whether good cause is established for audio testimony.
Congratulations! You're now booked up on Rule 1.451 Fla. R. Civ. P. (Florida's Rules of Civil Procedure)!

You'll probably need to reference it during your pursuit of justice.

For instance, you might need to invoke certain rules to protect yourself from judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

As always, please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
iconWebsite
TBD Marketplace™

Buy™ | Sell™ | Shop™

Earn 1,000 Book Points for every sample document (and/or template) that you sell!

Help Others

Buy™ | Sell™ | Shop™

TBD Marketplace™
iconWebsite
Buy™Sell™Shop™
iconWebsite
TBD Marketplace™

Buy™ | Sell™ | Shop™

Sell™
iconWebsite
TBD Marketplace™

Buy™ | Sell™ | Shop™

Earn 1,000 Book Points for every sample document (and/or template) that you sell! Help thousands of other litigants who [will] find themselves in your shoes!
Sell™ Now
iconWebsite
TBD Marketplace™

Buy™ | Sell™ | Shop™

Buy™

buy real-live sample court documents/templates

– for free! (ie, with Book Points™)

Sell™

sell your court documents/templates

(earn 1,000 Book Points™ per file)

Shop™ Now

enter the TBD Marketplace™

to help your fellow man/woman

get the justice that he/she deserves!

logoAdobe Download
iconXML Citations
iconWebsite How-To: Default (Clerk)
iconWebsite How-To: Default (Judgment)
iconWebsite How-To: File Suit (State)
iconWebsite History
iconWebsite Renumeration Table
Pages That You
Might Also Like
All-in-One
Local Rules: Broward County Local Rules: Duval County
Civil Rights Attorneys - FL
Pertinent Federal Laws Pertinent Florida Laws
Fla. R. App. P. Fla. R. Civ. P. Fla. R. Crim. P. Fla. R. Gen. Prac. & Jud. Admin.
Regulations
add a comment
IconQuiz IconLike
iconFullScreenBgnIticonFullScreenEndIt
Icon-Email-WBIcon-Email-WG Icon-Youtube-WBIcon-Youtube-WG Icon-Share-WBIcon-Share-WG