Legal Question in Family Law in Florida
Husband filed a Notice of deposition on 8/5 to make me sit for a deposition on 8/28. I filed a motion on 8/21 to quash the deposition one week before the deposition was to take place (8/28) and in the quash notice I asked for a hearing before the judge. Today his attorney filed a motion to compel me to go to mediation, plus sanctions AND a filed separate notice for a UMC hearing about this issue for THIS Thursday in front of the Magistrate. The email was not sent to me until 2:30 today for the Thursday hearing and I didn't read it until almost 4pm. 1. Was giving him one week's notice sufficient that I was not going to attend the depo and sending him the quash notice? I could not find anything in the rules that say a time line for canceling a depo. 2. Even though I am pro se, doesn't he have to give me at least 5 working days notice or at least try and coordinate a time with me that is convenient? 3. I only have tomorrow to do anything. If I have to file something disputing his "one day" notice for a hearing, what type of filing would that be?
Note: I only got a notice of deposition not a subpoena.
2 Answers from Attorneys
If you are a party to the cse they are entitled to take your deposition. You cant just file a motion and expect it to be cancelled. You will lose on this issue.
Why are you trying to quash the notice of deposition? Do you have any legal grounds to stop the deposition? Why did you wait until just one week before the deposition to file your motion to quash? Did you expect his attorney to give you a great deal of notice on setting your motion to quash when the deposition is just a short time away? You don't need to file anything, you just need to appear before the magistrate and have a really good legal reason why you can't appear at the deposition and testify with as many records as you can gather together. If you are wasting the magistrate's time, you may end up paying a portion of his lawyer's fees. Litigation is not a game.
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