Subpoena Deposition

[LisaLeigh1]

State: Florida
My Boyfriend was subpoenaed for a deposition in 2003 as a witness for a work related accident that happened 2001. He received another subpoena duces tecum for deposition..for taking of a deposition in this action and to have my name and address because i too was present visiting him on that day. Is there a limit to the amount of depositions they can require? Does he have to answer a question if its the same question asked in a previous deposition? Is there a time limit on how many years they can still pursue this without going to court? If he refuses to attend or provide my information it states he may be in contempt of court. What does that entail in a civil matter exactly? Will they issue a warrent? Jail time? Fine?

 

[badapple40]

State: Florida
My Boyfriend was subpoenaed for a deposition in 2003 as a witness for a work related accident that happened 2001. He received another subpoena duces tecum for deposition..for taking of a deposition in this action and to have my name and address because i too was present visiting him on that day. Is there a limit to the amount of depositions they can require? Does he have to answer a question if its the same question asked in a previous deposition? Is there a time limit on how many years they can still pursue this without going to court? If he refuses to attend or provide my information it states he may be in contempt of court. What does that entail in a civil matter exactly? Will they issue a warrent? Jail time? Fine?

So he was previously deposed, right?

Does the subpoena duces tecem require his presence, or does it allow him to just give the lawyers the documents they are looking for/he is asked to bring in the subpoena?

Is this case the same case that he previously gave a deposition in?

How much notice has he had regarding the deposition?

He can file a motion for a protective order in the court in question, asking it to quash his deposition, as he has already been deposed (assuming this deposition is in the same manner he has previously been deposed in), and the current deposition works a hardship to him and, depending on the notice he has had, did not give him adequate notice regarding the deposition.

If he just doesn't show up, he could be facing contempt, which includes a potential fine, jail time until the fine is paid (contempt is purged), etc.

 

[LisaLeigh1]

yes he was previously deposed in the same case. The new subpeona states he is commanded to appear for the taking of his deposition in this action AND to have requested documents. 3 weeks notice have been given. Do they get to have another deposition...I thought they only get one per side? This case has been going on for 3 years..I gave the 1st deposition over a year ago. If they have a case why not bring it? more fishing? Is there a time limit on how many years they can still pursue this without going to court?

thanks in advance

 

[badapple40]

yes he was previously deposed in the same case. The new subpeona states he is commanded to appear for the taking of his deposition in this action AND to have requested documents. 3 weeks notice have been given. Do they get to have another deposition...I thought they only get one per side? This case has been going on for 3 years..I gave the 1st deposition over a year ago. If they have a case why not bring it? more fishing? Is there a time limit on how many years they can still pursue this without going to court?

thanks in advance

He can file a motion for a protective order, either forbidding further depositions, or narrowing this deposition's scope. I'd file the motion, and see where it gets you.

 

[LisaLeigh1]

Thank YOU!!

I just wanted to post a word of appreciation for your prompt responses and effort. This can be a very daunting experience when you are ignorant of the process and I'm thankful to find this site and for your help.

I assume i call or go to the court in question and fill out a form inorder to file a motion for protective order. I'll see about doing that tomorrow.

Sincerely, Lisa