Legal Question in Criminal Law in Florida

Depositions for Minors

Can you tell me where to find info on the laws and rules of having a parent in the room during the deposition of there minor child. This is a Juvinile case. The Public defender would not allow myself in for my daughters (14 years old)deposition, so I left and the states attorney's office is rescheduling it with them. I will not allow the public defender to intimidate my child. She has done nothing wrong. Please help.


Asked on 2/27/08, 3:49 pm

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: Depositions for Minors

Only parties to a case and the witness being deposed are allowed in a deposition. A parent of a minor is not allowed to be present during a deposition. The reason for this is twofold, (1) so the child will answer more truthfully without the approving or disapproving look of the parent, and (2) so the child's answers will not be influenced by the presense of the parent.

However, Florida Rule of Criminal Procedure 3.220(h)(4) requires that the deposition of a minor is required to be video taped or if the minor is of a fragile mental state, the State can move to have the deposition conducted in the presence of a judge or magistrate.

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Answered on 2/27/08, 4:02 pm


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