Q: Can a ProSe Litigant in Florida conduct a deposition without an attorney?
If yes can you point me to the statute?
A:
Yes, if the pro se litigant is in any court other than small claims court (where you must seek leave of court to conduct depos or other discovery, whether you are pro se or have counsel). If you are the pro se litigant, you need to read and understand the entire set of procedural rules applicable to your case. The rules include deposition procedures. You didn't say if you are in civil, family, probate, domestic violence, or criminal court. Each has its own set of rules, which you can find on the Fla. Bar website, www.Floridabar.org.
I am not aware of any rule or statute that says, "A pro se litigant can conduct discovery just like an attorney can." It goes without saying that all natural persons have a right to represent themselves and use the same rules that attorneys do, though it's generally very foolish to do so in any court other than small claims. Also, an attorney has the power to subpoena third parties for deposition, whereas a pro se litigant would need to ask the Court to issue a subpoena.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
