Court Process, Plea & Trial

Can I be present at depositions in my own case?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Generally no. Florida's rule provides that a defendant shall not be physically present except on stipulation or court order.

This surprises nearly everyone, and it feels wrong the first time you hear it.

Florida's discovery rule provides that a defendant shall not be physically present at a deposition except on stipulation of the parties, or where the court orders presence on a showing of good cause.

The reasoning relates to witness intimidation concerns, particularly with victims and civilian witnesses.

What that means practically. Your attorney takes the deposition; you don't attend. You receive the transcript afterward and can review it in detail.

That's not the disadvantage it sounds like. Reading a transcript carefully afterward is frequently more useful than sitting through the questioning — and your notes on what a witness got wrong are the material your attorney uses next.

Where presence genuinely matters, counsel can seek a stipulation or move for an order on good cause. That's worth raising in specific cases rather than assuming it's impossible.

You'll get the transcript. Read it closely and mark what you know is wrong. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.