(a) Notice of Discovery.
(1) After the filing of the petition, a child may
elect to utilize the discovery process provided by these
rules, including the taking of discovery depositions,
by filing with the court and serving upon the petitioner
a “notice of discovery” which shall bind both
the petitioner and the child to all discovery procedures
in these rules. Participation
by a child in the
discovery process, including the taking of any deposition
by a child, shall be an election to participate in
discovery. If any child knowingly or purposely shares
obtained by a codefendant,
the child shall
be deemed to have elected to participate in discovery.
(2) Within 5 days of service of the child’s notice
of discovery, the petitioner shall serve a written
discovery exhibit which shall disclose to the child or
the child’s counsel and permit the child or the child’s
counsel to inspect, copy, test, and photograph the following
information and material within the petitioner’s
possession or control:
(A) A list of the names and addresses of all
persons known to the petitioner to have information
which may be relevant to the allegations, to any defense
with respect thereto, or to any similar fact evidence to
be presented at trial under section 90.402(2), Florida
Statutes. The names and addresses of persons listed
shall be clearly designated
in the following categories:
(i) Category A. These witnesses shall include
(a) eye witnesses;
(b) alibi witnesses and rebuttal to alibi
(c) witnesses who were present when
a recorded or unrecorded statement was taken from
or made by the child or codefendant, which shall be
separately identified within this category;
(d) investigating officers;
(e) witnesses known by the petitioner
to have any material information that tends to negate
the guilt of the child as to the petition’s allegations;
(f) child hearsay witnesses; and
(g) expert witnesses who have not provided
a written report and a curriculum vitae or who
are going to testify to test results or give opinions
will have to meet the test set forth in Frye v. United
States, 293 F. 1013 (D.C. Cir. 1923).
(ii) Category B. All witnesses not listed in
either Category A or Category C.
(iii) Category C. All witnesses who performed
only ministerial functions or whom the petitioner
does not intend to call at the hearing and whose
involvement with and knowledge of the case is fully
set out in a police report or other statement furnished
to the defense.
(B) The statement of any person whose name
is furnished in compliance with the preceding paragraph.
The term “statement” as used herein means a
written statement made by said person and signed or
otherwise adopted by him or her and also includes any
statement of any kind or manner made by such person
and written or recorded or summarized
in any writing
or recording. The term “statement” is specifically intended
to include all police and investigative reports of
any kind prepared
for or in connection with the case,
but shall not include the notes from which such reports
(C) Any written or recorded statements and
the substance of any oral statements made by the child
and known to the petitioner, including a copy of any
statements contained in police reports or summaries,
together with the name and address of each witness to
(D) Any written or recorded statements, and
the substance of any oral statements, made by a codefendant
if the hearing is to be a joint one.
(E) Those portions of recorded grand jury
minutes that contain testimony of the child.
(F) Any tangible papers or objects which were
obtained from or belonged to the child.
(G) Whether the petitioner has any material or
information which has been provided by a confidential
(H) Whether there has been any electronic
surveillance, including wiretapping, of the premises
of the child, or of conversations to which the child was
a party, and any documents relating thereto.
(I) Whether there has been any search or seizure
and any document relating thereto.
(J) Reports or statements of experts made in
connection with the particular case, including results
of physical or mental examinations and of scientific
tests, experiments, or comparisons.
(K) Any tangible papers or objects which the
petitioner intends to use in the hearing and which were
not obtained from or belonged to the child.
(3) As soon as practicable after the filing of the
petition, the petitioner shall disclose to the child any
material information within the state’s possession
control which tends to negate the guilt of the child as
to the petition’s allegations.
(4) The petitioner shall perform the foregoing
obligations in any manner mutually agreeable to the
petitioner and the child or as ordered by the court.
(5) Upon a showing of materiality to the preparation
of the defense, the court may require such other
discovery to the child as justice may require.
(b) Required Disclosure to Petitioner.
(1) If a child elects to participate in discovery,
within 5 days after receipt by the child of the discovery
exhibit furnished by the petitioner under this rule, the
following disclosures shall be made:
(A) The child shall furnish to the petitioner a
written list of all persons whom the child expects to call as
witnesses at the hearing. When the petitioner
a witness whose name has been furnished by the child,
except for hearing subpoenas,
notice shall be
given to the child as to the time and location of examination
pursuant to the subpoena.
At such examination, the
child through counsel shall have the right to be present
and to examine the witness. The physical presence of the
child shall be governed by rule 8.060(d)(6).
(B) The child shall serve a written discovery
exhibit which shall disclose to the petitioner
the petitioner to inspect, copy, test, and photograph
the following information and material which is in the
child’s possession or control:
(i) The statement of any person whom the
child expects to call as a trial witness other than that
of the child.
(ii) Reports or statements of experts made
in connection with the particular case, including results
of physical or mental examinations and of scientific
tests, experiments, or comparisons.
(iii) Any tangible papers or objects which
the child intends to use in the hearing.
(2) The child shall perform the foregoing obligations
in any manner mutually agreeable to the child
and the petitioner or as ordered by the court.
(3) The filing of a motion for protective order by
the petitioner will automatically stay the times provided
for in this subdivision. If a protective order is
granted, the child may, within 2 days thereafter,
any time before the petitioner furnishes the information
or material which is the subject of the motion for
protective order, withdraw the demand and not be required
to furnish reciprocal
(c) Limitations on Disclosure.
(1) Upon application, the court may deny or partially
restrict disclosure authorized by this rule if it
finds there is a substantial risk to any person of physical
harm, intimidation, bribery, economic reprisals, or
unnecessary annoyance or embarrassment
from such disclosure, which outweighs
of the disclosure to the party requesting it.
(2) The following matters shall not be subject to
(A) Disclosure shall not be required of legal
research or of records, correspondence, or memoranda,
to the extent that they contain the opinion, theories, or
conclusions of the prosecuting or defense attorney or
members of their legal staff.
(B) Disclosure of a confidential informant
shall not be required unless the confidential informant
is to be produced at a hearing or a failure to disclose the
informant’s identity will infringe upon the constitutional
rights of the child.
(1) Time and Location.
(A) At any time after the filing of the petition
alleging a child to be delinquent, any party may take
the deposition upon oral examination of any person
authorized by this rule.
(B) Depositions of witnesses residing in the
county in which the adjudicatory hearing is to take
place shall be taken in the building in which the adjudicatory
hearing is to be held, another location agreed
on by the parties, or a location designated by the court.
Depositions of witnesses residing outside the county
in which the adjudicatory hearing is to take place shall
take place in a court reporter’s office in the county and
state in which the witness resides, another location
agreed to by the parties, or a location
(A) The party taking the deposition shall give
reasonable written notice to each other party and shall
make a good faith effort to coordinate the date, time,
and location of the deposition to accommodate
of other parties and the witness
to be deposed.
The notice shall state the time and the location
of the deposition and the name of each person to be
examined, and include a certificate
of counsel that a
good faith effort was made to coordinate the deposition
(B) Upon application, the court or the clerk of
the court may issue subpoenas for the persons whose
depositions are to be taken.
(C) After notice to the parties the court, for
good cause shown, may change the time or location of
(D) In any case, no person shall be deposed
more than once except by consent of the parties or by
order of the court issued on good cause shown.
(E) Except as otherwise provided by this
rule, the procedure for taking the deposition, including
the scope of the examination and the issuance of
a subpoena (except for a subpoena duces tecum) for
deposition by an attorney of record in the action shall
be the same as that provided in the Florida Rules of
(F) The child, without leave of court, may take
the deposition of any witness listed by the petitioner as
a Category A witness or listed by a codefendant as a
witness to be called at a joint hearing. After receipt by
the child of the discovery exhibit, the child, without
leave of court, may take the deposition of any unlisted
witness who may have information relevant to the
The petitioner, without leave of
court, may take the deposition of any witness listed by
the child to be called at a hearing.
(G) No party may take the deposition of a witness
listed by the petitioner as a Category B witness
except upon leave of court with good cause shown. In
determining whether to allow a deposition,
should consider the consequences to the child, the
complexities of the issues involved, the complexity
of the testimony of the witness (e.g., experts), and the
other opportunities available to the child to discover
the information sought by deposition.
(H) A witness listed by the petitioner as a
Category C witness shall not be subject to deposition
unless the court determines that the witness should be
listed in another category.
(I) No deposition shall be taken in a case in
which a petition has been filed alleging that the child
committed only a misdemeanor or a criminal traffic
offense when all other discovery provided by this
rule has been complied with unless good cause can
be shown to the trial court. In determining whether to
allow a deposition, the court should consider the consequences
to the child, the complexity
of the issues involved,
the complexity of the witness’s testimony (e.g.,
experts), and the other opportunities available to the
child to discover the information sought by deposition.
However, this prohibition against the taking of depositions
shall not be applicable if following the furnishing
of discovery by the child the petitioner then takes
the statement of a listed defense witness pursuant
section 27.04, Florida Statutes.
(3) Use of Deposition. Any deposition taken pursuant
to this rule may be used at any hearing covered
by these rules by any party for the purpose of impeaching
the testimony of the deponent as a witness.
(4) Introduction of Part of Deposition. If only
part of a deposition is offered in evidence by a party,
an adverse party may require the introduction
other part that in fairness ought to be considered with
the part introduced, and any party may introduce any
(5) Sanctions. A witness who refuses to obey a
duly served subpoena for the taking of a deposition
may be adjudged in contempt of the court from which
the subpoena issued.
(6) Physical Presence of Child. The child shall
not be physically present at a deposition except upon
stipulation of the parties or as provided by this rule.
The court may order the physical presence of the
child upon a showing of good cause. In ruling, the
court may consider
(A) the need for the physical presence of the
child to obtain effective discovery;
(B) the intimidating effect of the child’s presence
on the witness, if any;
(C) any cost or inconvenience which may result;
(D) any alternative electronic or audio-visual
means available to protect the child’s ability to participate
in discovery without the child’s physical
(7) Statements of Law Enforcement Officers.
Upon stipulation of the parties and the consent of the
witness, the statement of a law enforcement officer
may be taken by telephone in lieu of deposition
officer. In such case, the officer need not be under oath.
The statement, however, shall be recorded and may be
used for impeachment at trial as a prior inconsistent
statement pursuant to the Florida Evidence Code.
(8) Depositions of Law Enforcement Officers.
Subject to the general provisions of this rule,
law enforcement officers shall appear for deposition,
without subpoena, upon written notice of taking deposition
delivered at the address designated
by the law
enforcement agency or department or, if no address
has been designated, to the address of the law enforcement
agency or department, 5 days prior to the date
of the deposition. Law enforcement
officers who fail
to appear for deposition
after being served notice are
subject to contempt
(9) Videotaped Depositions. Depositions of
children under the age of 16 shall be videotaped upon
demand of any party unless otherwise ordered by the
court. The court may order videotaping of a deposition
or taking of a deposition of a witness with fragile
emotional strength to be in the presence of the trial
judge or a special magistrate.
(e) Perpetuating Testimony.
(1) After the filing of the petition and upon reasonable
notice, any party may apply for an order to
perpetuate testimony of a witness. The application
shall be verified or supported by the affidavits of credible
persons, and shall state that the prospective witness
resides beyond the territorial jurisdiction of the
court or may be unable to attend or be prevented from
attending the subsequent court proceedings, or that
grounds exist to believe that the witness will absent
himself or herself from the jurisdiction of the court,
that the testimony is material, and that it is necessary
to take the deposition to prevent a failure of justice.
(2) If the application is well founded and timely
made, the court shall order a commission to be issued
to take the deposition of the witness to be used in
subsequent court proceedings and that any designated
books, papers, documents, or tangible objects, not
privileged, be produced at the same time and place.
The commission may be issued to any official court
reporter, whether the witness be within or without
the state, transcribed by the reporter, and filed in the
court. The commission shall state the time and place
of the deposition and be served on all parties.
(3) No deposition shall be used or read in evidence
when the attendance of the witness can be procured.
If it shall appear to the court that any person whose
deposition has been taken has absented himself or herself
by procurement, inducements,
or threats by or on
behalf of any party, the deposition shall not be read in
evidence on behalf of that party.
(f) Nontestimonial Discovery. After the filing of
the petition, upon application, and subject to constitutional
limitations, the court may with directions as
to time, place, and method, and upon conditions which
are just, require:
(1) the child in all proceedings to:
(A) appear in a lineup;
(B) speak for identification by a witness to an
(C) be fingerprinted;
(D) pose for photographs not involving reenactment
of a scene;
(E) try on articles of clothing;
(F) permit the taking of specimens of material
under the fingernails;
(G) permit the taking of samples of blood,
hair, and other materials of the body which involve no
unreasonable intrusion thereof;
(H) provide specimens of handwriting; or
(I) submit to a reasonable physical or medical
inspection of his or her body; and
(2) such other discovery as justice may require
upon a showing that such would be relevant or
(g) Court May Alter Times. The court may alter
the times for compliance with any discovery under
these rules on good cause shown.
(h) Supplemental Discovery. If, subsequent to
compliance with these rules, a party discovers additional
witnesses, evidence, or material which the party
would have been under a duty to disclose or produce
at the time of such previous compliance, the party
shall promptly disclose or produce such witnesses,
evidence, or material in the same manner as required
under these rules for initial discovery.
(i) Investigations Not to Be Impeded. Except as
otherwise provided for matters not subject to disclosure
or restricted by protective orders, neither the counsel
for the parties nor other prosecution or defense personnel
shall advise persons having relevant material
or information, except for the child, to refrain from
discussing the case with opposing counsel or showing
opposing counsel any relevant material, nor shall they
otherwise impede opposing counsel’s investigation of
(j) Protective Orders. Upon a showing of good
cause, the court shall at any time order that specified
disclosures be restricted, deferred, or exempted from
discovery, that certain matters are not to be inquired
into or that the scope of the deposition be limited to
certain matters, that a deposition be sealed and after
being sealed be opened only by order of the court, or
make such other order as is appropriate to protect a
witness from harassment, unnecessary inconvenience,
or invasion of privacy, including prohibiting
of a deposition. All material and information to which
a party is entitled, however, must be disclosed in time
to permit such party to make beneficial use of it.
(k) Motion to Terminate or Limit Examination.
At any time during the taking of a deposition, on motion
of a party or of the deponent, and upon a showing
that the examination is being conducted in bad faith or
in such manner as to unreasonably annoy, embarrass,
or oppress the deponent or party, the court in which the
action is pending or the circuit court where the deposition
is being taken may (1) terminate the deposition, (2)
limit the scope and manner of the taking of the deposition,
(3) limit the time of the deposition, (4) continue
the deposition to a later time, (5) order the deposition
to be taken in open court and, in addition, (6) may impose
any sanction authorized by this rule. If the order
terminates the deposition, it shall be resumed thereafter
only upon the order of the court in which the action is
pending. Upon demand of any party or deponent, the
taking of the deposition shall be suspended for the time
necessary to make a motion for an order.
(l) In Camera and Ex Parte Proceedings.
(1) Any person may move for an order denying or
regulating disclosure of sensitive matters. The court
may consider the matters contained in the motion in
(2) Upon request, the court shall allow the child
to make an ex parte showing of good cause for taking
the deposition of a Category B witness.
(3) A record shall be made of proceedings authorized
under this subdivision. If the court enters an
order granting relief after an in camera inspection
ex parte showing, the entire record of the proceeding
shall be sealed and preserved in the records of the
court, to be made available to the appellate court in
the event of an appeal.
(1) If at any time during the course of the proceedings
it is brought to the attention of the court
that a party has failed to comply with an applicable
discovery rule or with an order issued pursuant to an
applicable discovery rule, the court may:
(A) order such party to comply with the discovery
or inspection of materials not previously disclosed
(B) grant a continuance;
(C) grant a mistrial;
(D) prohibit the party from calling a witness
not disclosed or introducing in evidence the material
not disclosed; or
(E) enter such order as it deems just under the
(2) Willful violation by counsel or a party not
represented by counsel of an applicable discovery rule
or an order issued pursuant thereto may subject counsel
or a party not represented by counsel to appropriate
sanction by the court. The sanctions may include, but
are not limited to, contempt proceedings against the
attorney or party not represented
by counsel, as well
as the assessment of costs incurred by the opposing
party, when appropriate.
1996 Amendment. This amendment generally conforms the
rule to the 1996 amendment to Florida Rule of Criminal Procedure