setting deposition

[vonplatte]

What is the name of your state? Florida
I'm pro se and need to set a deposition of the other party who is also pro se and his spouse. They refuse to agree to a date. I am going forward with depositions. Is there a certain advanced notice requirement, i.e. 10 days, 30 days?

 

[weenor]

What is the name of your state? Florida
I'm pro se and need to set a deposition of the other party who is also pro se and his spouse. They refuse to agree to a date. I am going forward with depositions. Is there a certain advanced notice requirement, i.e. 10 days, 30 days?

google "depositions florida rules of civil procedure"

 

[vonplatte]

deposition procedure question

I scheduled depositions and mailed notice of taking deposition with several weeks advanced notice. The spouse of the opposing party agreed to appear at deposition without being subpoenaed. Now she indicates that she will not appear at the deposition in three days because she was not subpoenaed. If I get a subpoena filed and served by Tuesday for the depos on Wednesday, will she be legally able to say that she did not get enough advanced notice even though the original notice of taking deposition was mailed to her weeks ago? Or would it be better to cancel the depositions and serve a subpoena with several weeks notice before the date of deposition? If I don't cancel the depositions and she fails to show (without being served), do I have any legal recourse to recoup the $100 non-refundable cost of the court reporter if depos are not cancelled 24hours in advance?

 

[GaAtty]

Of course you should check Florida law. However, Florida rules probably follow that of most states, which follow the federal rules of civil procedure. Put very simply, if a person is not a party to the case, like the spouse, she does not have to come no matter what she agreed if you did not subpoena her. You need to subpoena a non-party. A party (your ex) only requires a written notice of deposition. You cannot do anything to the spouse if she does not come if you did not subpoena her. The previous notice to her does not count, in other words, since you did not do it correctly. Do it again. And when you do, you need to look up the Florida rules on subpoenas to see how to serve the subpoena, and who can serve it. Otherwise, you may be doing it wrong again. Then, if you do it correctly (probably at least 3 days before the deposition), if she doesn't appear, you can ask the court to order her to appear or hold her in contempt. All of these rules are in the Florida statutes, go to a law library and look them up. Your local courthouse probably has a law library, but the Florida statutes are also probably on the internet.