Legal Question in Civil Litigation in Florida
Deposition
I am being sued by my ex-husband for money he says I owe him. What
happens if I do not attend a scheduled deposition? Is he required to instruct
his attorney to take the consequential action?
2 Answers from Attorneys
Re: Deposition
First, get yourself a lawyer. Second, if you fail to appear, your ex-husband's lawyer will likely file a motion seeking a court order compelling you to appear and sanctions for any expenses that may have been incurred as a result of your non-appearance (i.e. court reporter fee, attorney time for preparing the motion to compel). Do not ignore court orders. If you know you are not going to be able to make it to your scheduled/noticed deposition, file a motion for protective order explaining why you cannot make it and requesting a court order excusing you from appearing, and make sure your motion is filed before the date of the deposition together with a letter to the court requesting a hearing as soon as possible (before the date and time noticed for the deposition). Get yourself an attorney because otherwise your ex-husband's counsel will make things very difficult for you. Good luck.
Re: Deposition
You are required to attend the deposition and you do not want to appear without being prepared or without counsel. However much it costs, you should hire counsel, depending on the facts and circumstances of your case he may be liable for your attorney's fees down the road. Please consult with a lawyer for more information.
Best Regards,
Tonia Troutwine, Esquire
305-984-5748