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Interrogatories as evidence at trial ??

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spike1951

Guest
What is the name of your state? florida

Without leave of court, any party may serve upon any other party written interrogatories to be answered. From -- (RULE 1.340. INTERROGATORIES TO PARTIES © 2002, Florida-Justice.com, LLC).

Does this mean if I have a witness that likely can not make the trial because they are an “emergency surgery nurse”, that I can have her answer some written questions under oath and use them as evidence to support my case at trial?

How does this work?
Do I send the questions with a subpoena to their residence?
How do they get under oath?
Are there usually special forms for this?
 


stephenk

Senior Member
" any party may serve upon any other party "

your witness is not a party to the case and interrogatories are not for witnesses.

you need to get your witness to the trial. serve them with a trial subpoena. if they dont show up, the judge can order them to the trial.
 
S

spike1951

Guest
Like jury duty is an employer required to let them off work ...

If I subpoena them, is their employer required to give them time off work to come to court?

Do they have to take vacation time off or is this required time off like for jury duty?

In this case it would be for a nurse who works for a large hospital.

thanks,
 
T

toasted

Guest
She should show the order to appear and they should give her the time. To say "the boss said no", is not a viable excuse to not appear. That is between her and her boss. But I haven't seen a boss deny time for court.

She does not get paid like jury duty. She has to either use vacation time or leave without pay unless she can get her schedule changed to coincide with her days off.
 

stephenk

Senior Member
you would have to pay her the required witness fees including her mileage. look it up in the Florida civil procedure codes.
 
S

spike1951

Guest
Florida code says nothing about paying them???

To quote, well slightly misquote, a now famous line:

Show me the "Rule #"



Florida Rules of Civil Procedure
RULE 1.410 SUBPOENA

(a) Subpoena for Testimony Before the Court.

(1) Every subpoena for testimony before the court shall be issued by the clerk under the seal of the court and, when requested, shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at a time and place specified in it.

(2) On oral request of an attorney or party and without praecipe, the clerk shall issue a subpoena for testimony before the court or a subpoena for the production of documentary evidence before the court or a subpoena for the production of documentary evidence before the court signed and sealed but otherwise in blank, both as to the title of the action and the name of the person to whom it is directed, in the subpoena shall be filled in before service by the attorney or party.

(b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein, but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive, or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. A party seeking a production of evidence at trial which would be subject to a subpoena may compel such production by serving a notice to produce such evidence on an adverse party as provided in rule 1.080 (b). Such notice shall have the same effect and be subject to the same limitations as a subpoena served on the party.

(c) Service. A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made as provided by law. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.

(d) Subpoena for Taking Depositions.

(1) Filing a notice to take a deposition as provided in rule 1.310(b) or 1.320(a) with a certificate of service on it showing service on all parties to the action constitutes an authorization for the issuance of subpoenas for the persons named or described in the notice by the clerk of the court in which the action is pending. The subpoena may command the person to whom it is directed to produce designated books, papers, documents, or tangible things that constitute or contain evidence relating to any of the matters within the scope of the examination permitted by rule 1.280(b), but in that event the subpoena will be subject to the provisions of rule 1.280(c) and subdivision (b) of this rule. Within 10 days after its service, or on or before the time specified in the subpoena for compliance if the time is less than 10 days after service, the person to whom the subpoena is directed may serve written objection to inspection or copying of any of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. If objection has been made, the party serving the subpoena may move for an order at any time before or during the taking of the deposition upon notice to the deponent.

(2) A person may be required to attend an examination only in the county wherein the person resides or is employed or transacts business in person or at such other convenient place as may be fixed by an order of court.

(e) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

(f) Depositions Before Commissioners Appointed in This State by Courts of Other States; Subpoena Powers; etc. When any person authorized by the laws of Florida to administer oaths is appointed by a court of record of any other state, jurisdiction, or government as commissioner to take the testimony of any named witness within this state, that witness may be compelled to attend and testify before that commissioner by witness subpoena issued by the clerk of any circuit court at the instance of that commissioner or by other process or proceedings in the same manner as if that commissioner had been appointed by a court of this state; provided that no document or paper writing shall be compulsorily annexed as an exhibit to such deposition or otherwise permanently removed from the possession of the witness producing it, but in lieu thereof a photostatic copy may be annexed to and transmitted with such executed commission to the court of issuance.

:confused:
 
S

spike1951

Guest
Does it bother you having so much "stuff" in your brain??

OK you're right, of course, I am you say:

(2) All witnesses, other than public employees subpoenaed to appear in their official capacity, appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as set forth in section 92.142, Florida Statutes, (1996),

What if I am subpoena'ing her for facts about why she was told to make daily visits and what she did during these visits? Facts not in a medical capacity.

Would it still apply?
 

stephenk

Senior Member
yes it applies. i think you only have to pay her $5 plus mileage of 6 cents a mile. It is good policy to try and pay a little more if she is going to miss work and not get paid. get a receipt for your payment.

if you win you will need proof of payment to collect on costs.

by the way, i just looked up the statute by going to state resources at the top of this page, then to state statutes and clicking on Florida. then did a search for witness fees.
 

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