Deposition Questions
(Discrimination & Retaliation) (Plaintiff to Defendant) (FL)

Summary

This template is a set of deposition questions to use for discovery in litigation between an employer and employee in Florida. This template includes practical guidance and drafting notes. After commencement of the action, any party may take the testimony of any person, including a party, by deposition on oral examination. Fla. R. Civ. P. 1.310. A deposition is used to learn the facts underlying your opponent's claims and defenses, determine the credibility of potential trial witnesses, authenticate documents for later use, support a motion or motion response, and/or preserve testimony when witnesses may be unavailable for trial. The attendance of witnesses may be compelled by subpoena as provided in Fla. R. Civ. P. 1.410. Under Fla. R. Civ. P. 1.330, any part, or all, of a deposition may be used against any party who was present or represented at the taking of the deposition. The questions in this template will assist plaintiff's counsel in taking depositions of defendant's witnesses to explore allegations of discrimination and retaliation in equal employment opportunity claims. This template is intended for plaintiffs pursuing claims against private employers and is based on federal and Florida law. Be sure to review relevant local laws, especially all discovery rules applicable to the jurisdiction in which your case is pending. The deposition questions set forth in this template are provided by way of example only. You should follow up each question with appropriate further inquiry. For additional information on federal equal employment opportunity laws, see Discrimination, Harassment, and Retaliation (Federal). For more information on taking depositions in employment cases, see Depositions: Preparing for and Taking a Deposition (Federal) and Deposing Employer Witnesses Preparation Checklist. For deposition questions regarding allegations of workplace harassment in an equal employment opportunity claim, see Deposition Questions (Workplace Harassment) (Plaintiff to Defendant). For sample annotated document requests and interrogatories to a defendant in discrimination and retaliation cases, see Document Requests (Single-Plaintiff Discrimination Action) (Plaintiff to Defendant); Document Requests (Employment Discrimination Class Action) (Plaintiff to Defendant); and Interrogatories (Single-Plaintiff Discrimination Action) (Plaintiff to Defendant). For a video suite on employment litigation depositions, see Depositions of Plaintiff Employees Video, Depositions of Supervisory Witnesses Video, and Depositions under Rule 30(b)(6) in Employment Cases Video.