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(2) Leave of court is not required for the taking of a deposition by plaintiff if the notice states that the person to be examined is about to go out of the state and will be unavailable for examination unless a deposition is taken before expiration of the 30-day period under subdivision (a). If a party shows that when served with notice under this subdivision that party was unable through the exercise of diligence to obtain counsel to represent the party at the taking of the deposition, the deposition may not be used against that party.
Here is a sample deposition notice that may help.
This is good. I have reviewed 1.301 and the link. What ı need now is to know whether there is a specific form or format to use when sending out a deposition?
Whoops! The case is in Federal Court and apparently Florida Civil Procedure Rules do not apply. Perhaps best you assemble all the information from me that you need in order to provide an informed opinion.
I am not sure whether you have closed this exchange out but if not I would like to follow up. The jury trial is going ahead on Sept 9. I will be acting pro se. How can I get myself up to speed on how this will pay out? I don't even know what to call the judge! Will I make a presentation to the jury? Do ı refer to trial ehxibits in the opening? As I am not represebted by counsel do I refer to myself in the first or third person when asking questions of the Defendant. Whe I've been asked questions by Defence counsel do I then question myself???? As you can see I haven't much of a clue as to what to expect, what Court procedured apply and how I can present my case to best advantage. Help!! Please!! Many thanks.
Could it make sense to get ''attorney assistance''and if so how do I go about it? I am not familiar with the workings of YouTube other than for music videos. How do I find what I need re:my pro se representation?
Lucy, an important witness of mine cannot attend the jury trial in person. Would he be permitted to participate by telephone?
That is entirely up to the judge. You can ask that he be allowed to testify by video or telephone. You can also subpeona him, and then he's in contempt of court if he does not appear (unless the issue is something like he's been deployed overseas in the military or is in the hospital due to an emergency).If he is out of state and therefore cannot be subpoenaed, you can also try to introduce deposition testimony given under oath, if you have it.
The witness is located in Utah. I would want to do this on a friendly basis so no subpoena. To get the permission of the Judge do I have to file a pleading or can I simply call his Chambers?
Also I have a witness in the UK. I have asked Defence counsel if they would accept a sworn statement from this witness and they have said they will object. Again is this a matter I can raise with the Judge?
Lucy, what is the amount of time allowed for a deposition under Federal Court Rules? So far 3 hours and 9 mins has been used up. Is there an immutable time limit?
3 of my witnesses are unable (for good reasons) to attend the jury trial on Sept 9. 1 has asked to participate by telephone (or video conference) and 2 by submitting statements sworn under oath. I have filed with the Court for relief in this matter. What is likely to be the Court's reaction. I would think that this is often asked of them but perhaps it is something they are reluctant to accept. I of the witnesses would need 3 days to travel to Tampa from London and back and participate at the trial.
Thanks Lucy. This is a more difficult one! I am 68 years old and have a blood pressure problem. I live in Istanbul and it will take a minimum of 14 hours flying and 17 hours traevlling to get to Tampa. I have already had to ask for a postponement once on Dr's orders. The Court was reluctant to postpone the trial with the Magistrate saying that lots of people have hypertension and it wasn't his problem that I lived in Istanbul!! Astonishingly, to me at least, Defence counsel subsequently obtained a reset trial date as his client had pre-planned a birthday bash for her husband and it would cause her great inconvenience and cost to attend the trial on the rescheduled date. Quite frankly, I don't think that I can gain a lot from the trial as the defendant is not collectible. Also I am acting as pro se plaintiff so the trial preparation and presentation of my case will be enormously tiring and stressful. Most importantly I can see my heart specialist telling me that I would be mad to undertake the trip. Furthermore my young wife is pregnant and her gyno is going to tell me that it is totally irresponsible of me to travel half way round the world (well almost) and be at least 24 hours travel time away. Quite a dilemma. I am the Plaintiff in this case but the Defendant has filed a counterclaim. If I can't go what are my options? I am absolutely convinced that the Court will not countenance a further postponement on medical grounds---and by the way if I can't go now my health problem is unlikely to improve which could mean that I will never be able to travel to the use--and I do not want to file a Notice of Dismissal as that may enable the Defendant to prevail with some pretty flimsy counterclaims. Nor do I want a frivolous and harrassing charge against me and defence costs flung in my face. With what you read here, what do you thing my options may be?
I have never heard that one before. In any case I have appreciated your help up until now and will rate accordingly. I will put the above question out there for a response. Many thanks.
I have opened a new question. I hope you willpick it up if you are so inclined. Many thanks.
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