Clearwater, FL asked in Civil Litigation for Florida

Q: I require an attorney who can get a deposition canceled permanently.

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: To protect yourself from being deposed, you (or your attorney) would need to file a motion for protective order and set the motion for hearing. However, under most circumstances, there is no legal basis on which the Court may grant a motion to have no deposition at any time. You didn't indicate if you are a party to the case or a non-party witness. If you're a party, and you are in any Court above small claims, you are obligated under the rules of court to respond to discovery requests, including being deposed. If that is a problem, you need to look at alternative ways of resolving the dispute (try to settle or, if plaintiff, also consider giving up with both sides waiving fees/costs). If you are a defendant, and bankruptcy is an option, filing bankruptcy would halt the proceedings.

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