Legal Question in Family Law in Florida

Getting Testimony/Deposition @ Nsg. Home...

How do we go about getting testimony/taking a deposition at the Nursing Home where my mom is staying? How do we arrange to have a court reporter attend to take my mom's deposition? Do we file a particular paper--Notice of Interrogatory/Motion for Deposition for my mom? Do we appear before a judge as a pretrial motion to request the court reporter??? Is there a list of court reporters and you just call one? Do you pay him/her to attend (like a notary) or is that somehow, a cost absorbed by the court?

Thank you for your response!!


Asked on 4/28/08, 9:10 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Getting Testimony/Deposition @ Nsg. Home...

If you're really bent on doing this without a lawyer, carefully--and I mean carefully!--read the Federal Rules of Civil Procedure on perpetuating testimony. You may want to read some books on federal procedure at the law library or the local law school.

You'll have to have a hearing on your motion to get permission (an order) from the judge.

If you get permission for the deposition, you'll have to hire a court reporter (you can find them in the phone book or on Google) to meet you at the nursing home. The court reporter will probably demand a deposit. They're expensive, and you are responsible for payment. They'll offer credit to lawyers, but not to nonlawyers.

You'll be allowed to ask questions at the deposition, and the other side will be able to object. Then the other side can ask questions and you can object. Many lawyers work years for law firms before they're ever allowed to participate in depositions so, again, this stuff is not easy.

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Answered on 4/28/08, 11:24 pm


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