Legal Question in Civil Litigation in Florida
Can depositions be taken before fling an amended a lawsuit?
We have a lawsuit that is in the process of being amended to add defendants and add charges or complaints that will alter the entire outcome of the case. Our present attorney wants to schedule d
depositions for us taken by defendant attorneys before filing the amended lawsuit. We see this as putting the horse before the cart since the defendants will be working from the wrong lawsuit and we fear that the new information or the parts played by the additional defendants will not be able to be discussed in deposition since they nor the charges are part of the present lawsuit. We are also concerned that the defendants could then block the amended lawsuit.
1 Answer from Attorneys
Re: Can depositions be taken before fling an amended a lawsuit?
You need to sit down and discuss this with your lawyer. There may be a good reason he or she wants to proceed in this fashion. The biggest concern I would have is that the new defendant would get to redepose you and, genereally, you want to try to limit your deposition to a single, not multiple, event.
Your deposition is not at all likely to prevent an amendment assuming one is warranted.
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