In re Amendments to Florida Rule of Criminal Procedure 3.220

Summary

The Supreme Court of Florida amended Florida Rule of Criminal Procedure 3.220 concerning discovery depositions of victims of sexual offenses, particularly victims under the ages of 16 and 12. The amendments establish procedures for requesting and conducting hearings, authorize limitations and conditions on depositions, and require written court orders specifying whether a deposition is permitted and any applicable restrictions.

Holdings

1. The Supreme Court of Florida amended Florida Rule of Criminal Procedure 3.220 by adding subdivisions (h)(9) through (h)(13), governing requests to limit interviews or depositions in the defendant's presence, hearings on depositions of sexual-offense victims under age sixteen, the presumption against depositions of certain victims under age twelve, permissible deposition limitations, and written court orders.
2. A party seeking to depose a sexual-offense victim under age sixteen must file a written motion, and the court must conduct a hearing within thirty days unless the parties agree otherwise or good cause is shown. The court must consider the victim's age and maturity, the nature and duration of the offense, the relationship to the defendant, the complexity of the issues, the availability of the evidence by other means, and other relevant factors protecting the victim and the integrity of the judicial process.
3. When the State has not filed a notice of intent to seek the death penalty and a forensic interview of the victim is available to the defendant, subdivision (h)(11) establishes a presumption that taking the deposition of a sexual-offense victim under age twelve is inappropriate. A party seeking the deposition must file a written motion, and the court must conduct a hearing within thirty days unless the parties agree otherwise or good cause is shown.
4. If the court authorizes a deposition under subdivision (h)(10) or (h)(11), it may impose limitations or specific conditions on the manner and scope of the deposition, and it must enter a written order stating whether the deposition is authorized and specifying any limitations or conditions.

Questions Presented

1. Whether Florida Rule of Criminal Procedure 3.220 should be amended to implement recent statutory restrictions concerning discovery depositions of sexual-offense victims under age sixteen.
2. What procedural safeguards and limitations should govern depositions of sexual-offense victims under age sixteen, including the presumption against depositions of victims under age twelve in specified circumstances.

Disposition

other