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Comments for Deposition

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Deposition
by: Anonymous

I filed a Protection Order, Motion to Quash the Deposition the Defendant is trying to require me to take......I called to schedule his deposition and the attorney was horribly rude to me and told me there was no way I would take his clients deposition. I realized I am the victim here and filed these papers. The judge granted me an Emergency Hearing this week...the Defendant's attorney is Using a case called Nettles v Hoyos to fight taking my deposition....does anyone know of any case laws I can use in rebuttal to this case......This is wearing me out.....People shouldn't have to go through this emotional stress just to protect themselves...

Subpoena for Deposition
by: Staff FALDP

Dear Anonymous,
In general, a pro se litigant can subpoena for deposition just as an attorney can. The main difference is that the clerk of court has to sign the subpoena, whereas an attorney can sign the subpoena himself. Here is some information from the Florida Statutes - RULE 1.310 DEPOSITIONS UPON ORAL EXAMINATION:

(1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced under the subpoena shall be attached to or included in the notice.

follow up
by: Anonymous

I did quite a bit of research today and called the respondents attorney in my case where I have a temporary restraining order on an ex boyfriend. His office called me several times last week to schedule a deposition. I called today to schedule a deposition of the respondent and the attorney reacted very upset....telling me it was clear I had legal advice and he wanted to know who....I told him I didn't, I'm just not a dumb woman. He told me there was no way he would let me depose his client or let him sit across from me when I have an injunction on him. From what I've found online I do have to right to depose him and can file a motion to compel with a subpoena. Is anyone familiar with the Florida Statutes in a case like this and or knows of a case I can use to refer to in my motion to compel.

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