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What is a certificate of non appearance?

Miami, FL |
Filed under: Litigation

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

Attorney Answers 4

Posted

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 an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting me does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised. kmatre@matrelaw.com

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Posted

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.

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James Adrian Cueva

James Adrian Cueva

Posted

A certificate of non-appearance or CNA is typically used to document that a witness did not appear for a duly noticed deposition, usually under a subpoena. Failing to show for a subpoena could lead to sanctions and even a finding of civil contempt.

Posted

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 attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Vicary strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Posted

I agree with Mr. Nielson.

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