Legal Question in Family Law in Florida
Depositions
May an attorney take depositions before the 20 day deadline to file an answer to a summons? I have been sued by my former husband for permanant custody and I have 20 days to answer but his attorney wants to depose me in 9. Is this breaking the rules of proceedure?
1 Answer from Attorneys
Re: Depositions
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A deposition can be scheduled at any time. Usually an attorney will work with you to reschedule the depostion if the date is inconvenient. If you fail to attend, the attorney will have to go to court and explain what happened. Usually the court will order that the deposition be reset on a date certain and if you fail to attend, then you may be held in contempt of court. It is usually easier for the attorney to just reset the deposition for a mutually convenient date and time.
Scott R. Jay, Esq.