Pensacola, FL asked in Nursing Home Abuse for Florida

Q: Florida Civ. Proc. Question

I would like to ask a witness for written answers to written questions. Is this an interrogatory or a deposition upon written questions?, or is it something else? If I want them to also provide a copy of a document, is this sought under production of documents? is this also a duces tecum? Is it a subpoena duces tecum? If it is a subpoena duces tecum, does it have to be mailed to the witness by the court clerk, or do I mail it, preferably by certified mail? How does it all work?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It would be an interrogatory if you were to ask it of a party (plaintiff or defendant). There is no rule that specifically provides for non-parties to provide written answers. If you ask a party for a copy of a document, you would do so with a request for production. For a non-party you would serve a subpoena duces tecum (for a deposition) upon that person or organization. Then, at the deposition, you ask for the document described in the subpoena duces tecum. Subpoenas are served upon non-party witnesses by a process server or peace officer who you pay to achieve service. Requests for production can be sent to parties at their address shown in the court file; they don't need to be served.

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