Legal Question in Family Law in Florida
notice of taking deposition duces tecum in aid of execution
i received this from my ex husbands lawyer i dont know what its about and i dont have a lawyer at this time. my question is do i have to go to this deposition,and if so do i have to answer his questions with out a lawyer? can i plead the 5th .in this notice of deposition he is also requesting that i bring paystubs for ninety days,documents reflecting income for ninety days,and a list of any assets exceeding one hundred dollars.could you tell me what this might be about?
1 Answer from Attorneys
Re: notice of taking deposition duces tecum in aid of execution
Yes, you have to appear at the deposition. If you fail to appear, you may be held in contempt of court and be ordered to pay your ex-husband's attorneys' fees and costs of the failed deposition and any motion hearing as a result therof.
There is no "fifth" to plead. The Fifth Amendment to the United States Constitution gives a person the right not to have to give testimony that may incriminate them. This is for criminal matters only and does not apply to a civil case.
This is a serious legal matter and I strongly suggest that you consult with an experienced matrimonial attorney.
Scott R. Jay, Esq. 305-249-8000
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