What is a certificate of non appearance?

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1. Licensed in FL

   

   Donald A. Niesen

   Gainesville Litigation Lawyer

   Contributor Level 11

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   Answered March 04, 2013 11:52. 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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2. Licensed in FL

   

   Paul S Vicary

   Coral Gables Commercial Real Estate Attorney

   Contributor Level 11

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   Answered March 04, 2013 11:52. 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... moreMr. 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. less

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3. 

   Kerrie MatrePro

   Cincinnati Litigation Lawyer

   Contributor Level 9

   

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   Answered March 04, 2013 11:49. 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... moreI 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 less

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4. 

   Robert Kopelson

   San Jose Car / Auto Accident Lawyer

   Contributor Level 20

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   Answered March 04, 2013 12:00. I agree with Mr. Nielson.

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