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Can I object to a notice of deposition Duces Tecum of a non party

Clearwater, FL |
Filed under: Litigation

Can I object to a notice of deposition Duces Tecum of a non party

Attorney Answers 3

Posted

Yes, you can. See FRCP 1.351

This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory ekmlaw@bellsouth.net (561)743-3708.

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Posted

Yes. In state court and you are a party, you must file an objection with the court with 10 days of service of the notice of deposition. If you are not a party and are the person who received the subpoena, you may object at any time before the production.

If it is a federal court case, you have 14 days to make the objection.

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Posted

Are you a party to the action? Do you have a lawyer? Is the case pending in state or federal court?

The person subpoenaed (the non-party) is not subject to a notice of deposition generally, but I'm not admitted in Florida. The non-party has the standing to oppose the notice or subpoena or whatever. Depending on the jurisdiction, you might or might not have standing.

If you don't have a lawyer, consult one. Check with your local bar association for the names of litigators who offer free or low-cost consultations.

DISCLAIMER - THIS IS NOT LEGAL ADVICE, BUT IS OFFERED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. NO ATTORNEY-CLIENT RELATIONSHIP IS HEREBY CREATED.

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