Florida Statute 440.30 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

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.

F.S. 440.30 on Google Scholar

F.S. 440.30 on Casetext

Amendments to 440.30

Arrestable Offenses / Crimes under Fla. Stat. 440.30

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.30.

Annotations, Discussions, Cases:

Cases Citing Statute 440.30

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-11T00:00:00-07:00

Citation: 164 So. 3d 132

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

CVS Caremark Corp. v. Latour

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-28T00:00:00-07:00

Citation: 109 So. 3d 1232

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

Shannon v. Cheney Bros. Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-02T00:00:00-07:00

Citation: 98 So. 3d 1228

Snippet: section 440.31.2 *1232Fees Due Under Section 440.30 Section 440.30, Florida Statutes (2010), is the specific…attorney. See § 440.30, Fla. Stat. And significant to the issue presented here, section 440.30 provides that… authority of section 440.30 is a “claim” as the term is used in section 440.30. For the reasons that …claim” as the term is used in section 440.30. Although section 440.30 has been amended numerous times since…’s fees due under section 440.30. . The 1991 amendments to section 440.30 merely changed references

Punsky v. Clay County Board of County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-31T00:00:00-07:00

Citation: 60 So. 3d 1088

Snippet: rejecting arguments that sections 440.13(5) and 440.30, Florida Statutes (2004), applied, and reaffirming…1093Claimant contends that sections 440.13(5) and 440.30, Florida Statutes (2004), control the disposition…employer or carrier is the prevailing party. Section 440.30 permits fees charged by court reporters and witnesses…Claimant’s argument that the language of section 440.30 “expressly limits” the award of costs for depositions

Taylor v. TGI Friday's, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-28T00:00:00-07:00

Citation: 16 So. 3d 312

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

Escutia v. Greenleaf Products, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-17T00:00:00-08:00

Citation: 886 So. 2d 1059

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

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2002-09-19T00:00:00-07:00

Citation: 829 So. 2d 791

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

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

Court: Fla. | Date Filed: 1996-05-16T00:00:00-07:00

Citation: 674 So. 2d 631

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

Karell v. Miami Airport Hilton/Miami Hilton Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-01-30T23:53:00-08:00

Citation: 668 So. 2d 227

Snippet: several statutory provisions as follows: sections 440.30; 440.33(1); 440.25(4)(h); 440.13(4)(c); and 440.13…a petition for benefits has been filed. Section 440.30 specifically authorizes the JCC to order the taking…this section. Section 440.13(5)(d). Unlike section 440.30, dealing with the taking of depositions, and unlike

Wright v. Industrial Automotive

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-03T00:00:00-08:00

Citation: 662 So. 2d 1321

Snippet: his *1322claim for attorney’s fees under section 440.30, Florida Statutes (1993), for his attorney’s attendance… Motion for Attorney’s Fees pursuant to section 440.30, Florida Statutes (1993) for having attended the…Assistance was a “claim” within the meaning of section 440.30, Florida Statutes (1993). The Judge of Compensation…was not entitled to attorney’s fees under section 440.30, Florida Statutes (1993). The claimant argues on…filing of a “claim” as the term is used in section 440.30, Florida Statutes (1993), entitling the claimant

Southeast Recycling Corp. v. McClure

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-10T00:00:00-07:00

Citation: 658 So. 2d 670

Snippet: workers’ compensation cases pursuant to section 440.30, Florida Statutes (1989), in that they were not

Hanna v. INDUSTRIAL LABOR SERV. INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-13T00:53:00-07:00

Citation: 636 So. 2d 773

Snippet: provisions governing the taking of depositions. § 440.30 & 440.33, Fla. Stat.; Fla.R.Work.Comp.

Clair v. Glades County Bd. of Com'rs

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-24T23:53:00-08:00

Citation: 635 So. 2d 84

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

M.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-27T00:00:00-07:00

Citation: 622 So. 2d 105, 1993 Fla. App. LEXIS 7895, 1993 WL 277185

Snippet: North Carolina, 404 U.S. 226, 240, 92 S.Ct. 431, 440, 30 L.Ed.2d 400 (1971), therefore, section 893.13(l

Paulk v. School Bd. of Palm Beach County

Court: Fla. Dist. Ct. App. | Date Filed: 1993-03-09T23:53:00-08:00

Citation: 615 So. 2d 260

Snippet: (k), Florida Statutes (Supp. 1990), and section 440.30, Florida Statutes, or section 440.31, Florida Statutes…regard to the more general provisions in section 440.30 and section 440.31. See generally, DeConingh v.

Amendments to Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 1992-05-14T00:00:00-07:00

Citation: 603 So. 2d 425

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

Suburban Propane v. Estate of Pitcher

Court: Fla. Dist. Ct. App. | Date Filed: 1990-06-21T00:53:00-07:00

Citation: 564 So. 2d 1118

Snippet: the scope of discovery as set forth in Section 440.30, Florida Statutes (1989). We agree with both propositions…allowed in workers' compensation cases. Section 440.30, Florida Statutes (1989), provides: Depositions…the taking of depositions is, pursuant to Section 440.30, Florida Statutes (1989), governed by the Florida…440, Florida Statutes[,]" and with section 440.30, authorizing the taking of depositions "for…Thus, after considering rule 4.090(a) and section 440.30 in pari materia with the provisions of section

Holland v. Courtesy Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-06-20T00:00:00-07:00

Citation: 563 So. 2d 787

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-28T00:00:00-08:00

Citation: 557 So. 2d 898

Snippet: Harbin at 34. The court explained that Section 440.30, Florida Statutes, addressed the taking of depositions…proceeding or any part thereof. Harbin at 34. Section 440.30, Florida Statutes (1987), still reads as quoted

The Florida Bar

Court: Fla. | Date Filed: 1988-08-18T00:00:00-07:00

Citation: 535 So. 2d 243

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