A motion to quash the depo subpena has to be filed to try to stop the depo. There are statutes and case law that need to cited in such a motion. A depo of a non party witness obligates the person to pay the witness a per diem and mileage. You can ask questions of a witness at depo noticed by the other side.
You should consult an atty as this is probably beyond your ability. There are objections based upon marital privileges that could be asserted to at least some questions asked of your spouse.
The way to stop the deposition is to file and serve a motion to quash the deposition subpena. There are specific statutes, case law and court rules in Florida that apply to this issue and must be followed. In order to quash the deposition, you would need to satisfy the judge that there is no legitimate purpose for the deposition and it is meant just to harass, annoy and drive up the costs of litigation. As a non party witness your current husband is entitled to a witness fee and round trip mileage at the beginning of the deposition. You could ask questions of your current husband at the deposition, but unlike other third party witnesses, you can discuss any issue with him after the deposition and I think you would just be giving the other more issues to question your husband on during the deposition. Save the questions for your husband for trial or if necessary a declaration in support of whatever motion you need to file or oppose later on?
Make sure you have an attorney at the deposition to protect your rights, privileges and make necesary objections to improper questions.
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The procedure is found in Fla. Rule of Civil Procedure 1.280, 1.300, 1.310 and 1.330. I agree with my collegue that you should not be doing this on your own.
You would be able ask questions of your husand on cross examination. But why would you want to? A deposition is a discovery device and the other attorney is using it to get info from your husband. If you follow up with a cross examination you will be helping him with his info gathering as well as giving him another shot at redirect!
I have a list of "rules" that I give my client to help them pepare for depositions. If you will email me I will send it to you (no charge!) for your husand's review.
PS - Read the rules I cited above.
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1. Notice of taking Deposition => Issue Subpoena => Have it served by sheriff or process server, include $5/day + $.06 mile round trip. Deposition has to serve a useful purpose, not just to harass.
2. Yes. Look at index to the the Florida Rules of Civil Procedure and Florida Statutes and you will find all the rules and statutes governing them.
3. Same as #1
4. Yes. But, why would you? Are you having a spat with him and want to drag him over the coals? He can errata his answers anyway when a transcript is produced.
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Rules 1.280, 1.300, 1.310 and 1.330 apply. You have to clear the date and time with opposing counsel, then find a court reporter then subpoena the person to be deposed for the deposition. Contact my office for free consultation. 727-446-7659
The rules for this are in Chapter 12. of the family law rules which simply refers you to Chapter 1 of the Civil Rules for discovery.
A non-party must be personally served by a Sheriff or qualified process server.
The Civil Rules of Procedure which control are, as stated, ultimately in Chapter One.
You wouldn't really want to take the deposition of your current husband since you know what he is going to say and don't really need to question him. The only time you would do that is if you wanted to use the deposition in lieu of live testimony. If he can testify then it would benefit you if he was there in Court with you.
If you want to depose a non party then you must serve them and give proper notice to the other side including scheduling same with the other side.
This is a technical thing to do and a lawyer would really help here.
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