• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

lawyer requirements

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

laneyhat

Junior Member
What is the name of your state (only U.S. law)? fl
if a lawyer of a respondent in a domestic violence injunction case sends a letter to the petitioner stating that depositions will be taken for discovery in his office on a certian date, is it required by law that the petitioner comply? or is this just a request and a ploy to avoid trial?
 


tranquility

Senior Member
Non-party depositions require a subpoena, party opponents require notice. You have been noticed. Attend the deposition.
 

laneyhat

Junior Member
maybe that should be my question, however, it was not. my question was, and i repeat, will the petitioner be arrested. there is no "hurting" this case. maybe this is of some importance, but probably not. the deposition is for the injunction and not for the actual criminal case.
 

Gracie3787

Senior Member
maybe that should be my question, however, it was not. my question was, and i repeat, will the petitioner be arrested. there is no "hurting" this case. maybe this is of some importance, but probably not. the deposition is for the injunction and not for the actual criminal case.
Your question is "will the petitioner be arrested" for not attending the deposition.

The answer is- possibly. The day of the deposition, if the petitioner does NOT show up, the attorney can and probably file a motion to compel. The Judge will then order the petitioner to show up. If the petitioner does not show up, then a bench warrant can be issued without any fuirther notice.

As everyone else has said- either attend the depo.
 
Last edited:

tranquility

Senior Member
An additional remedy in such situations is also to make the non-compliant party to pay for the deposition. This will often be in the thousands of dollars.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top