Florida Statute 440.30 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.30

440.30 Depositions.—Depositions of witnesses or parties, residing within or without the state, may be taken and may be used in connection with proceedings under the Workers’ Compensation Law, either upon order of the judge of compensation claims or at the instance of any party or prospective party to such proceedings, and either prior to the institution of a claim, if the claimant is represented by an attorney, or after the filing of the claim in the same manner, for the same purposes, including the purposes of discovery, and subject to the same rules; all as now or hereafter prescribed by law or by rules of court governing the taking and use of such depositions in civil actions at law in the circuit courts of this state. Such depositions may be taken before any notary public, court reporter, or deputy, and the fees of the officer taking the same and the fees of the witnesses attending the same, including expert witness fees as provided by law or court rule, shall be the same as in depositions taken for such circuit courts. Such fees may be taxed as costs and recovered by the claimant, if successful in such workers’ compensation proceedings. If no claim has been filed, then the carrier or employer taking the deposition shall pay the claimant’s attorney a reasonable attorney’s fee for attending said deposition.

History.—s. 30, ch. 17481, 1935; CGL 1936 Supp. 5966(30); s. 13, ch. 18413, 1937; s. 1, ch. 28228, 1953; ss. 17, 35, ch. 69-106; s. 17, ch. 74-197; s. 15, ch. 75-209; s. 23, ch. 78-300; ss. 23, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 7, ch. 91-46.

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F.S. 440.30 on CourtListener

Amendments to 440.30

Annotations, Discussions, Cases:

Cases Citing Statute 440.30

Total Results: 33

Hanna v. INDUSTRIAL LABOR SERV. INC.

636 So. 2d 773, 1994 WL 122354

District Court of Appeal of Florida | Filed: Apr 13, 1994 | Docket: 1715171

Cited 10 times | Published

provisions governing the taking of depositions. § 440.30 & 440.33, Fla. Stat.; Fla.R.Work.Comp. 4.090(a)

Paulk v. School Bd. of Palm Beach County

615 So. 2d 260, 1993 WL 64493

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 1184428

Cited 9 times | Published

13(2)(k), Florida Statutes (Supp. 1990), and section 440.30, Florida Statutes, or section 440.31, Florida

Wackenhut Corp. v. Freilich

464 So. 2d 217, 10 Fla. L. Weekly 468

District Court of Appeal of Florida | Filed: Feb 20, 1985 | Docket: 1193640

Cited 9 times | Published

or a motion to compel. Cf. Florida Statutes section 440.30, .33 (1981); Fla.W.C.R.P. 9, 15; John Gaul

Southeastern Utilities Service Company v. Redding

131 So. 2d 1

Supreme Court of Florida | Filed: Jun 7, 1961 | Docket: 1503686

Cited 8 times | Published

narrow issue of whether, under the provisions of Section 440.30, Florida Statutes (1959), F.S.A., construed

Taylor v. TGI Friday's, Inc.

16 So. 3d 312, 2009 Fla. App. LEXIS 13123, 2009 WL 2777168

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1313887

Cited 6 times | Published

Admin. Code. R. 60Q-6.114(1) & (2); see also § 440.30, Fla. Stat. (2005). For the foregoing reasons

Suburban Propane v. Estate of Pitcher

564 So. 2d 1118, 1990 Fla. App. LEXIS 4534, 1990 WL 85449

District Court of Appeal of Florida | Filed: Jun 21, 1990 | Docket: 1294579

Cited 4 times | Published

exceed the scope of discovery as set forth in Section 440.30, Florida Statutes (1989). We agree with both

Karell v. Miami Airport Hilton/Miami Hilton Corp.

668 So. 2d 227, 1996 Fla. App. LEXIS 547, 1996 WL 34057

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1686942

Cited 3 times | Published

after a petition for benefits has been filed. Section 440.30 specifically authorizes the JCC to order the

Nessmith v. State

472 So. 2d 1248, 10 Fla. L. Weekly 1584

District Court of Appeal of Florida | Filed: Jun 24, 1985 | Docket: 1793470

Cited 3 times | Published

Compensation Act, Florida Statutes (1983). Section 440.30 authorizes the taking of depositions if a formal

John Gaul Construction Company v. Harbin

247 So. 2d 33

Supreme Court of Florida | Filed: Mar 10, 1971 | Docket: 1461682

Cited 3 times | Published

by a doctor of the employer's choice. F.S. section 440.30, F.S.A., deals specifically with the taking

Punsky v. Clay County Board of County Commissioners

60 So. 3d 1088, 2011 Fla. App. LEXIS 4410, 2011 WL 1167205

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 60300049

Cited 2 times | Published

employer or carrier is the prevailing party. Section 440.30 permits fees charged by court reporters and

Clair v. Glades County Bd. of Com'rs

635 So. 2d 84, 1994 WL 17259

District Court of Appeal of Florida | Filed: Jan 25, 1994 | Docket: 1352579

Cited 2 times | Published

those at bar, to be made during the deposition. § 440.30, Fla. Stat. (1991); Suburban Propane v. Estate

In Re Fla. Wkrs.'compensation Rules, Etc.

374 So. 2d 981

Supreme Court of Florida | Filed: Sep 20, 1979 | Docket: 1523329

Cited 2 times | Published

1977 W.C.R.P. It is derived substantially from § 440.30, Fla. Stat., 1979. RULE 10. PRETRIAL PROCEDURE

CVS Caremark Corp. v. Latour

109 So. 3d 1232, 2013 WL 1235903, 2013 Fla. App. LEXIS 5147

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60229473

Cited 1 times | Published

depositions in civil actions in circuit court. See § 440.30, Fla. Stat. (2011). The Florida Rules of Civil

Shannon v. Cheney Bros. Inc.

98 So. 3d 1228, 2012 WL 4490866, 2012 Fla. App. LEXIS 16495

District Court of Appeal of Florida | Filed: Oct 2, 2012 | Docket: 60312141

Cited 1 times | Published

the institution of any claim, as permitted by section 440.30, Florida Statutes (2010), and Shannon’s counsel

Maria Suarez v. Steward Enterprises and Travelers Ins. Co.

164 So. 3d 132

District Court of Appeal of Florida | Filed: May 11, 2015 | Docket: 2656167

Published

Admin. Code R. 60-0-6.114(1) & (2); see also § 440.30, Fla. Stat. (2005).” In Pierre v. Handi Van, Inc

Escutia v. Greenleaf Products, Inc.

886 So. 2d 1059, 2004 Fla. App. LEXIS 17316, 2004 WL 2600368

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 64834207

Published

Discovery by deposition is permitted under section 440.30, Florida Statutes (2000), and its scope is

Amendments to the Florida Rules of Workers' Compensation Procedure

829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760

Published

in the Florida Rules of Civil Procedure or section 440.30, Florida Statutes. At the pretrial hearing

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

in the Florida Rules of Civil Procedure or section 440.30, Florida Statutes. At the pretrial hearing

Wright v. Industrial Automotive

662 So. 2d 1321, 1995 Fla. App. LEXIS 11581, 1995 WL 642666

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64760198

Published

denying his *1322claim for attorney’s fees under section 440.30, Florida Statutes (1993), for his attorney’s

Southeast Recycling Corp. v. McClure

658 So. 2d 670, 1995 Fla. App. LEXIS 8484, 1995 WL 469645

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 64758058

Published

in workers’ compensation cases pursuant to section 440.30, Florida Statutes (1989), in that they were

Amendments to Florida Rules of Workers' Compensation Procedure

603 So. 2d 425, 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236

Supreme Court of Florida | Filed: May 14, 1992 | Docket: 64669263

Published

W.C.R.P. It is derived substantially from ^section 440.30, Florida» Statutes {1979). 1984 RevisiomAmendment

Holland v. Courtesy Corp.

563 So. 2d 787, 1990 Fla. App. LEXIS 4528, 1990 WL 85426

District Court of Appeal of Florida | Filed: Jun 20, 1990 | Docket: 64651297

Published

provided in the Florida Rules of Civil Procedure. § 440.30, Fla.Stat. (1989); Rule 4.090(e), Fla.W.C.R.P

Iafornaro v. Charter Builders

557 So. 2d 898, 1990 Fla. App. LEXIS 1316, 1990 WL 19932

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 64648651

Published

deposition.” Harbin at 34. The court explained that Section 440.30, Florida Statutes, addressed the taking of

The Florida Bar

535 So. 2d 243, 1988 Fla. LEXIS 1479, 1988 WL 135851

Supreme Court of Florida | Filed: Aug 18, 1988 | Docket: 64639166

Published

1977 W.C.R.P. It is derived substantially from § 440.30, Fla.Stat.1979. 1984 Committee Note: Subsections

Bednarik v. Ebasco Services

527 So. 2d 251, 13 Fla. L. Weekly 1320, 1988 Fla. App. LEXIS 2397, 1988 WL 55734

District Court of Appeal of Florida | Filed: Jun 1, 1988 | Docket: 64635628

Published

of his claim for attorney’s fees pursuant to Section 440.30, Florida Statutes. We reverse. On 21 June 1983

McCray v. Beverly Hills Plantation

437 So. 2d 764, 1983 Fla. App. LEXIS 21635

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 64599496

Published

constitutes the filing of a claim for purposes of section 440.30. Although Ridge Pallets contains language which

Ridge Pallets, Inc. v. John

406 So. 2d 1292, 1981 Fla. App. LEXIS 21991

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 64586678

Published

awarded this attorney’s fee under authority of Section 440.30, Florida Statutes (1979), which independently

Chittick v. Eastern Air Lines, Inc.

403 So. 2d 595, 1981 Fla. App. LEXIS 21003

District Court of Appeal of Florida | Filed: Sep 14, 1981 | Docket: 64585030

Published

not be required to attend at her own expense. Section 440.30, Florida Statutes (1977), provides that depositions

Jones v. K & L Contractors

392 So. 2d 375, 1981 Fla. App. LEXIS 18871

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579612

Published

to determine his entitlement to a fee under Section 440.30, Fla.Stat. (1979), as a result of his attendance

Fox v. W. S. Badcock Corp.

389 So. 2d 699, 1980 Fla. App. LEXIS 18039

District Court of Appeal of Florida | Filed: Oct 30, 1980 | Docket: 64578570

Published

costs when a claim is successfully prosecuted. Section 440.30, Florida Statutes. In this case the claimant

Orange State Marine v. Snack

382 So. 2d 1367, 1980 Fla. App. LEXIS 16475

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 64575815

Published

attendance at the depositions, pursuant to Section 440.30, Florida Statutes (1978). A fee of $400 was

In re Florida Workers' Compensation Rules of Procedure

374 So. 2d 981, 1979 Fla. LEXIS 4794

Supreme Court of Florida | Filed: Sep 20, 1979 | Docket: 64571875

Published

1977 W.C.R.P. It is derived substantially from § 440.30, Fla.Stat., 1979. RULE 10. PRETRIAL PROCEDURE

Paul Smith Construction Co. v. Pitts

114 So. 2d 417

District Court of Appeal of Florida | Filed: Sep 11, 1959 | Docket: 60193194

Published

Commissioner, in his Order, found, inter alia, that Section 440.30 of the Florida Statutes [F.S.A.], was ample