What is a certificate of non appearance?

Asked over 1 year ago - Miami, FL

Two of my witnesses has certificate of non appearance. What does this mean?

Attorney answers (4)

  1. Donald A. Niesen

    Contributor Level 11

    8

    Lawyers agree

    Answered . The witness did not show up as scheduled; they did not "appear" at the time and place which was arranged. The certificate is normally prepared by the court reporter, and then may be filed with the court by the lawyer who arranged for the deposition and who, presumably, is disappointed by not getting to question the witness.

  2. Paul S Vicary

    Contributor Level 11

    5

    Lawyers agree

    Answered . The other attorney is correct. You need to be careful as your witnesses may be prevented from testifying as a sanction for failing to appear at whatever proceeding at which they were to appear. You should consult with a local attorney to assist you.

    Mr. Vicary is licensed to practice law in Florida. The response herein is not legal advice and does not create an... more
  3. Kerrie Kathleen Matre

    Pro

    Contributor Level 10

    3

    Lawyers agree

    1

    Answered . I do not practice in the state of Florida, but I believe it means that a witness did not attend at his/her deposition and the court reporter entered this certification into the court docket---

    I am an Ohio-licensed attorney. The information is not, nor is it intended to be, legal advice. You should consult... more
  4. Robert Bruce Kopelson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with Mr. Nielson.

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