Civil case pro se - awarded attorney fees

[quincy]

Just an update, the other party deposed me and it was a total 4 hour deposition divided in 2 days. The court reporters (hired by the opposing counsel) did not provide me with any information as when and how I can get the transcripts of the deposition. Is there a procedure I must follow in order to get those transcripts?. The Hearing is on Sept. 4th.

Ask the opposing party if they will have a copy of the deposition transcript before the hearing. Ask for them to make you a copy.

 

[Zigner]

Actually, the OP should be asking the court officer or other person who made the transcript.

 

[quincy]

Actually, the OP should be asking the court officer or other person who made the transcript.

That is the proper course of action.

That said, the other party can provide a copy but it will not be a certified copy so it is of limited worth in court. And court reporters often will include with their transcripts a caveat about sharing their work product with others.

 

[Justimare]

That is the proper course of action.

That said, the other party can provide a copy but it will not be a certified copy so it is of limited worth in court. And court reporters often will include with their transcripts a caveat about sharing their work product with others.

If I ask the OP for a copy, can they charge me for that copy?

 

[quincy]

If I ask the OP for a copy, can they charge me for that copy?

Yes. And I expect that they would. You would be paying for a transcript either way.

 

[LdiJ]

The deposition was taken this past Sunday. In that case, I will presume the opposing party will not have sufficient time to get the transcripts either.....
I am not supposed to receive some sort of notice / letter for me to have access to the transcripts?.... even if There is not enough time before the hearing?

I do not know the answer to that question. In my state you have to request them if you want them. Again, they are usually quite expensive. The opposing party might have had enough time to get them if they immediately requested them or arranged it in advance.

 

[quincy]

This Rule was provided earlier by Litigator but following is a link to it, on Depositions Upon Oral Examination. The one requesting the deposition takes custody of videotape of the deposition. See Rules 1.350 and 1.351 for production of the deposition.

Rule 1.310: https://www-media.floridabar.org/uploads/2018/03/Civil-Procedure-Rules-Updated-3-8-18.pdf#page65

 

[Litigator22]

This Rule was provided earlier by Litigator but following is a link to it, on Depositions Upon Oral Examination. The one requesting the deposition takes custody of videotape of the deposition. See Rules 1.350 and 1.351 for production of the deposition. (?)

Rule 1.310: https://www-media.floridabar.org/uploads/2018/03/Civil-Procedure-Rules-Updated-3-8-18.pdf#page65

What do you mean by "production of the deposition"?

If you are suggesting that the OP can cause to be "produced" for her personal use a transcript of her oral deposition by any means other than making arrangements with the reporter who took and pay for it, you are mistaken.

Seemingly you are confusing transcripts and/or electronic recordings of depositions as "documents, writings, tangible things, etc." , " that can be obtained, inspected and copied - or procured by subpoena duces tecum. But such are not with the scope of Rules 1.350 or Rule 1.351 or any other.

If the OP wants a transcript of her deposition, she must arrange for it through the reporter that took it and pay for it.

Moreover, it would be unbefitting and a marked disservice to the reporter in subverting his or her means of livelihood for the opposing lawyer to provide her a duplication of his copy.

 

[quincy]

What do you mean by "production of the deposition"?

If you are suggesting that the OP can cause to be "produced" for her personal use a transcript of her oral deposition by any means other than making arrangements with the reporter who took and pay for it, you are mistaken.

Seemingly you are confusing transcripts and/or electronic recordings of depositions as "documents, writings, tangible things, etc." , " that can be obtained, inspected and copied - or procured by subpoena duces tecum. But such are not with the scope of Rules 1.350 or Rule 1.351 or any other.

If the OP wants a transcript of her deposition, she must arrange for it through the reporter that took it and pay for it.

Moreover, it would be unbefitting and a marked disservice to the reporter in subverting his or her means of livelihood for the opposing lawyer to provide her a duplication of his copy.

The recorded deposition.

Did you read the updated Rule 1:310? I suspect not.

 

[quincy]

Rule 1:310 states that videotaped depositions must be recorded stenographically, unless all parties agree otherwise. The attorney for the party requesting the videotaping of the deposition must take custody of it and be responsible for the safeguarding of the videotape, must permit the viewing of it by the opposing party, and, if requested, must provide a copy of the videotape at the cost of the party requesting the copy.

 

[not2cleverRed]

What do you mean by "production of the deposition"?

If you are suggesting that the OP can cause to be "produced" for her personal use a transcript of her oral deposition by any means other than making arrangements with the reporter who took and pay for it, you are mistaken.

Seemingly you are confusing transcripts and/or electronic recordings of depositions as "documents, writings, tangible things, etc." , " that can be obtained, inspected and copied - or procured by subpoena duces tecum. But such are not with the scope of Rules 1.350 or Rule 1.351 or any other.

If the OP wants a transcript of her deposition, she must arrange for it through the reporter that took it and pay for it.

Moreover, it would be unbefitting and a marked disservice to the reporter in subverting his or her means of livelihood for the opposing lawyer to provide her a duplication of his copy.

Well, you certainly aren't subverting my expectations.

What do you have against quincy?! Q is merely trying to cite Florida code. If you actually have a constructive advice for OP on how she might approach getting a copy, then please share, rather than pontificating. Something like, oh
Rule 1.310 (g) Obtaining Copies. A party or witness who does not have a copy of the deposition may obtain it from the officer taking the deposition unless the court orders otherwise. If the deposition is obtained from a person other than the officer, Florida Rules of Civil Procedure 70
the reasonable cost of reproducing the copies must be paid to the person by the requesting party or witness.

1984 Amendment: Subdivision (g) requires a party to obtain a copy of the deposition from the court reporter unless the court orders otherwise. Generally, the court should not order a party who has a copy of the deposition to furnish it to someone who has neglected to obtain it when the deposition was transcribed. The person should obtain it from the court reporter unless there is a good reason why it cannot be obtained from the reporter.

I fail to understand how what quincy posted is at all at variance with this

Eat some more cake. It'll sweeten your life.

 

[quincy]

...
What do you have against quincy?!...

Although Litigator has objected in the past to my use of emojis, I think he mostly doesn't like my nice demeanor.

 

[not2cleverRed]

Although Litigator has objected in the past to my use of emojis, I think he mostly doesn't like my nice demeanor.

I think he is just jealous of your avatar, although he would perhaps favor a blue owl for himself. Perhaps he could chose one from the Guardians of Ga'Hoole Blue Owls. It's a rather cute series - my child used to be quite a fan.

We need more emojis.

 

[quincy]

I think he is just jealous of your avatar ...

As well he should be. Haha.

I will have to tell my kids about Guardians of Ga'Hoole. They are always looking for good books to read.