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How to Object Notice of intent to Serve Subpoena Without Deposition Duces Tecum

Ocala, FL |

Recently i received a Notice of intent to Serve Subpoena Without Deposition Duces Tecum and I have to object it. I need a help of a lawyer. Can you help me please.

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Attorney answers 2

Posted

You can file your objections to the requests with the court and serve them on opposing counsel. The rule regarding Tia type of subpoena is self executing. You will not have a hearing on the objections. Opposing counsel will the. Set the actual deposition of the person in question. At that point you can file your objections and request for a protective order.

This answer does not establish an attorney client relationship and is just my opinion based upon the limited facts presented.

Debra Lynn Fein

Debra Lynn Fein

Posted

If you search the Florida Bar website (floridabar.org) you will be able to find a local attorney to help you.

Mark Theodore Tischhauser

Mark Theodore Tischhauser

Posted

Ms. Fein is correct, but in follow up to my comment, be careful what you ask for. When the set a deposition, that means more expense that may ultimately be taxed against you, you may have to fly out of town to attend a deposition, and if you file a protective order that is not granted, you may find that you are forced to pay attorney's fees to the other side. In many instances this can take you out of the frying pan and into the fire.

Debra Lynn Fein

Debra Lynn Fein

Posted

My colleague is correct. I outlined the procedure for you. I did not provide any commentary as to strategy. You really are best advised to contact a local Florida attorney for specific issues regarding strategy.

Posted

Discovery is one of the most important aspects of litigating a case. If you aren't sure how to respond to something as basic as this, its a sure sign that you are in over your head in litigation. Judges won't grant recesses for you to go out in the hall and type questions into AVVO to come back and litigate your case. If the case is important enough to litigate, its important enough to make whatever sacrifice necessary to hire a lawyer. If you wont and cant hire counsel, you need to rethink using the courts as a means of resolving your dispute before something terrible happens.