Legal Question in Personal Injury in Florida

Re: Who has the right to issue and/or request a subpoena to a deposition?

First of all, it is improper to depose the opposing attorney, any information she has is subject to the attorney-client priviilege. It you want to depose a party (plaintiff) set the depo with a court reporter and coordinate the time with the other lawyer, the court reporter should help you do this. You do not need to subpoena a party (plaintiff or defendant) you sound way over your head in this one-don't you have insurance to do it for you? by the way, other than the attorneys or parties, you can subpoena any witness, you should probably go to the court to get help with it being issued.

Re: Who has the right to issue and/or request a subpoena to a deposition?

Only a judge, clerk of the court, or a lawyer has the ability to issue a subpoena. In this instance, you would have to have the subpoena issued by the clerk of the court.

As a comment, depositions are permitted of witnesses. Generally, a party's lawyer is not considered a witness. A party's lawyer can not be compelled to testify about client communications as that is protected by the attorney-client privilege. It is certain that your subpoena will be objected to on this basis and you will need a hearing to resolve this issue before the Court.

Feel free to contact me if you should have any further questions.

Re: Who has the right to issue and/or request a subpoena to a deposition?

Generally you have no right to depose (interview) the opposing attorney. In my jurisdiction attempting to do so would subject you to sanctions. Be careful.