Question about a deposition

[SecondChance201]

What is the name of your state (only U.S. law)? FL


Hello everyone....I need advice please.

This coming Friday there is a depo scheduled for by my ex to depo me....I did not get a supbeona or anything like that...it was simply sechedlued. I ask my attorney to reschedlule it and he is working on it....my question is this...if I cant go....what happens? or what can happen?

 

[dadinMS]

What did your attorney say when you asked him this question?

 

[tranquility]

Party opponents are not subpoenea'd, they are noticed. If you received proper notice, if you fail to go to your deposition it is possible you could be found in contempt of court. But, absent a good reason why the deposition cannot be changed (and with a good reason why you need it changed) the other party should accommodate you. If they do not, your attorney's option is to make a motion to the court.

 

[SecondChance201]

I asked my attorney to reschedule and he is going to work on it.


So...if I dont go...I can be held in contempt right there...or will the other side need to file a motion to hold me in contempt which will reqult in a hearing that I can attend and explain why I was not able to go?

 

[dadinMS]

Why are you unable to go?

 

[Proserpina]

Isn't this something you should be asking your attorney? We don't know how certain judges tend to rule. S/he will.

 

[tranquility]

I asked my attorney to reschedule and he is going to work on it.


So...if I dont go...I can be held in contempt right there...or will the other side need to file a motion to hold me in contempt which will reqult in a hearing that I can attend and explain why I was not able to go?

Not exactly. Only if the reason you could not attend was a reason the court could not overcome (like traffic accident on the way), would you just get to explain why. Otherwise, you will have intentionally violated the order (by not making the motion in a timely manner). The court may take into consideration your excuse as to why you intentionally violated in determining punishment, but they are not going to punish the other side (by making them pay for the deposition officer and costs) just because you think you have a good reason.