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IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT
IN AND FOR FLAGLER, ST. JOHNS, PUTNAM AND VOLUSIA COUNTIES


RE: Filing of Deposition Transcripts in Criminal Cases       
REF: CR-2017-047-SC

WHEREAS, pursuant to Rule 3.190(i)(5), Florida Rules of Criminal Procedure, rules governing the filing of deposition transcripts in civil actions shall apply in criminal cases, and

WHEREAS, pursuant to Rule 1.310(f)(3), Florida Rules of Civil Procedure, deposition transcripts shall be filed with the Clerk only when the contents of the deposition must be considered by the Court in a matter pending before the Court, and

WHEREAS, limited storage space exists within the court facilities of the Seventh Judicial Circuit wherein the Clerks may reasonably and properly store and maintain deposition transcripts;

NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that original deposition transcripts in criminal cases shall be forwarded to the requesting party upon completion.  It is the receiving party’s responsibility to file the transcript with the Clerk if/when it is appropriate to do so.  

IT IS FURTHER ORDERED that a deposition transcript shall only be filed in a criminal case if the hearing, or trial to which it relates, is scheduled to take place within 30 days of the date the transcript is filed.  Pursuant to Rule 1.310(f)(3), Florida Rules of Civil Procedure, any deposition transcript submitted for filing must be accompanied by a Notice of Filing of Deposition Transcript.  Said Notice must contain a certification that the deposition transcript is being filed for the purpose of being considered by the Court, in a matter pending before the Court.  Furthermore, the certification must specifically identify the matter to be considered by the Court, as well as the date and time of the hearing or other such proceeding.

IT IS FURTHER ORDERED that the Clerks of Court of the Seventh Judicial Circuit shall refuse to accept for filing, and/or return, deposition transcripts in cases where no hearings are scheduled, or where hearings, or trials to which they relate, are scheduled more than 30 days from the date the transcripts are submitted for filing.  The Clerks shall also refuse to accept for filing, and/or return, deposition transcripts which are not accompanied by a Notice of Filing of Deposition Transcript containing the certification as described above.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 30th day of June 2017.

/s/ Terence R. Perkins
TERENCE R. PERKINS
CHIEF JUDGE