440.30
Depositions.
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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.
Notes of Decisions
Cited in 34
cases, 1952–2015 · leading case: Wright v. Industrial Automotive
Wright v. Industrial Automotive (1995)
“Appellant, the claimant below, challenges a workers’ compensation order denying his *1322 claim for attorney’s fees under section 440.30, Florida Statutes (1993), for his attorney’s attendance at the claimant’s deposition taken by the employer/earrier (E/C) prior to the filing…”
Suburban Propane v. Estate of Pitcher (1990)
“39(7), Florida Statutes (1989), and that the ordered depositions exceed the scope of discovery as set forth in Section 440.30, Florida Statutes (1989). We agree with both propositions and therefore grant the writ in so far as the requested depositions exceed the allowable scope…”
Punsky v. Clay County Board of County Commissioners (2011)
“Section 440.30 permits fees charged by court reporters and witnesses to “be taxed as costs and recovered by the claimant, if successful in .”
Paulk v. School Bd. of Palm Beach County (1993)
“1990), and section 440.30, Florida Statutes, or section 440.”
Southeastern Utilities Service Company v. Redding (1961)
“This compensation case presents the very narrow issue of whether, under the provisions of Section 440.30, Florida Statutes (1959), F.”
Orange State Marine v. Snack (1980)
“Thereafter, claim for compensation was withdrawn and three days later Snack’s attorney petitioned the Judge to establish a reasonable attorney’s fee for his attendance at the depositions, pursuant to Section 440.30, Florida Statutes (1978). A fee of 0 was awarded.”
Shannon v. Cheney Bros. Inc. (2012)
“” § 440.30, Fla. Stat. (2010). Although the E/C did not dispute Shannon’s counsel’s entitlement to these fees, the E/C did dispute the amount of the requested fees.”
Taylor v. TGI Friday's, Inc. (2009)
“114(1) & (2); see also § 440.30, Fla. Stat. (2005). For the foregoing reasons, the petition is DENIED.”
CVS Caremark Corp. v. Latour (2013)
“See § 440.30, Fla. Stat. (2011). The Florida Rules of Civil Procedure set forth the procedure by which the deposition of a corporate representative of a party may be noticed, but the rules do not prescribe where the deposition is to be taken.”
Nessmith v. State (1985)
“Section 440.30 authorizes the taking of depositions if a formal claim for benefits has been filed or "prior to the institution of a claim, if the claimant is represented by an attorney.”
Maria Suarez v. Steward Enterprises and Travelers Ins. Co. (2015)
“114(1) & (2); see also § 440.30, Fla. Stat. (2005).” In Pierre v.”
Escutia v. Greenleaf Products, Inc. (2004)
“Discovery by deposition is permitted under section 440.30, Florida Statutes (2000), and its scope is defined by that statute and by Florida Rule of Civil Procedure 1.”
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