Legal Question in Civil Rights Law in Florida

Re: How must one inform a witness of the intent to conduct a deposition?

In a civil (non-criminal) case, you send a notice of deposition saying you will betaking the deposition of the person. It should include the date, time and place of the depostion, as well as the full name and address of the deponent (person to be deposed). Usually, you contact the other attorney and make arrangements for a mutually convenient time and place. In any case, the location must be convenient for the deponent.

You also must copy the other side (the attorney if there is one) on the document. This is done by sending a copy of the deposition notice with a "certificate of service" saying that you did indeed send a copy of the notice to the other side through their attorney. You need to do this for almost all papers that are filed in the case, especially pleadings that go to court.

A typical one is titled Certificate of Service and says "I hereby certify that a copy of the foregoing Notice of Deposition was mailed first class, postage pre-paid this --- day of ----, 2004 to (name of attorney)." Then sign it.

You can find the rules that you need to follow in the rules of the court you have filed the case in. For example, if it is a federal case, you would follow the Federal Rules of Civil Procedure (and also the federal rules of evidnece regarding what you can and can not use at trial) and the local rules of the court. They are available online, including at the court's website. The same is true for Florida courts which have their own local rules, rules of civil procedure and evidence.

You also need to have a court reporter to record the deposition. That usually costs between $500 and $1000 per day, depending on how many pages the transcript turns out to be. (After the depo, you get both a transcript and a computer disk with the deposition on it.) Without a reporter, you won't be able to prove what was said and use it in the case.

You can find court reporters in the phone book or online. One good one in the Tampa area is Dreyer and Associates, 800.321.1545.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.