Legal Question in Civil Litigation in Florida

I was served with a notice of deposition - give very short notice - I am scheduled to be out of town on the date the plaintiff's attorney set for the deposition. Can I ask the court to cancel the dates and require the plaintiff to contact me to set a date and time that is good for both or do I have to appear at the date and time set? If yes how would I do this?


Asked on 12/08/10, 3:55 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

The answer depends on whether or not you are a party to the case. If you are a party, you will need an attorney. Even if you are not a party, you may need an attorney to protect your legal interests, as you will be giving sworn testimony, to questions and in a setting that the Plaintiff's attorney will be controlling. You will not be able to "change" your answers later, without risking perjury.

A deponent should be given reasonable notice. Once this is done, failure to appear can be grounds to prohibit the person from testifying later, or for the court to issue contempt charges. Start by contacting the Plaintiff's attorney, who set the deposition date. Try to get an agreement to change the date, but recognize that you are out of your element, and that your legal interests are at stake.

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Answered on 12/13/10, 4:45 am


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