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Interstate Depositions Iowa civil case, witness in Florida.

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so-sue-me

Junior Member
Greetings,

I am a pro se civil litigant in Iowa due to being bankrupted by the defendant. I need to depose a witness in Florida. He is a nice guy but really doesn't want to get involved. Could someone please offer help with the following questions?:

  1. What must do in order to make the subpoena binding in Florida? Do I have to file something in the district court for the county in which the witness is domiciled? If so, what must I file (form number) and do I have to pay anything?
  2. I expect the witness to bring his attorney, he is fearful of the defendant in my case and will not wish to cooperate. I expect objections to most questions. If there is an objection can i force the witness to answer, and then the judge would later rule on the objections? If it is not this simple please advise what else I need to do.
  3. How much notice should I give the witness between the date of service and the intended day for the depo?
  4. How much notice is reasonable for the defendant in Iowa so he can't claim that notice was too short?

If I have missed anything please feel free to point it out. Thanks.What is the name of your state (only U.S. law)?
 


so-sue-me

Junior Member
Can anyone tell me what form needs to be filed in Florida.....

Can anyone tell me what form needs to be filed in Florida to make the subpoena for depo binding on the Florida resident?

Thanks in advance for your help.
M
 

Quaere

Member
>>What must do in order to make the subpoena binding in Florida?

You have to get a subpeona from a Florida court, signed by a clerk from that court.

>>Do I have to file something in the district court for the county in which the witness is domiciled? If so, what must I file (form number) and do I have to pay anything?

Some states require the out of state litigant to file a motion requesting the subpeona. Some will simply issue a blank subpeona signed by the clerk upon your request. Call the Florida court and ask them what they require.

>>I expect the witness to bring his attorney, he is fearful of the defendant in my case and will not wish to cooperate.
I expect objections to most questions.

Look up Florida’s rules of civil procedure and read the section about depositions. Nolo’s Deposition Handbook is inexpensive and will give you the basic information you will need. More detailed books on the subject can be found at your nearest law library.

Google terms like deposition sanctions how to conduct deposition etc. There is a lot of info on the Net about depositions.

>>How much notice should I give the witness between the date of service and the intended day for the depo?

See Florida’s Rules of Civil Procedure, but generally the deponent is entitled to at least ten days notice.

>>How much notice is reasonable for the defendant in Iowa so he can't claim that notice was too short?

Talk to OC before you schedule the deposition. Ask him to choose several available dates during a two-week period. Once the two of you agree on a date, you can send out your subpoena.

Good luck!
 

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