Longboat Key, FL asked in Family Law, Child Custody and Child Support for Florida

Q: Do i have to attend a deposition requested by email from the other parties attorney?

I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it around your schedule. However failure to appear could subject you to contempt proceedings as well as the cost off the court reporter and attorney fees for failure to appear." I am willing to cooperate with the court, not with her attorney if it'll hurt my case and not if its not court ordered. This is regarding custody and child support for my daughter

1 Lawyer Answer
John Michael Frick
John Michael Frick

A: Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most likely by email. If you do not provide available dates, the attorney will simply pick a date, put it in a formal Notice, send the Notice to you, and then you will be legally obligated to appear on the date the attorney selected. Her attorney is simply extending you a courtesy in scheduling the deposition on a date that is convenient for you. It would be in your best interest to provide a list of 3-4 weekdays when it is most convenient for you to appear.

You similarly can ask for her deposition in the same manner because she is a party.

Neither a court order nor a subpoena are required when the deposition is of a party.

Terrence H Thorgaard agrees with this answer

1 user found this answer helpful

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