Do I have to give a deposition in another State?
I received a letter from an Attorney in Florida. Suboena for Deposition. This was sent to my home in New Jersey where I reside. Do I have to travel to Florida or is there a form to have that Attorney come and depose me in NJ? And if I have to go to Florida who pays for the expenses?
1 Answer from Attorneys
Re: Do I have to give a deposition in another State?
The answer depends whether you are a party to a lawsuit in a Florida Court. If you are a person suing or being sued in Florida you can ordinarily be required to travel to Florida, though the court may put restrictions on it, such as make the deposition shortly before trial or by telephone. (If you are being sued in a Florida court you may have defenses to get the suit thrown out and should consult an attorney).
If you are NOT a party who is suing or being sued in a Florida court, a deposition subpoena issued from a Florida court and served upon you in another state is invalid. As a courtesy, you may want to call the attorney to let him know you won't travel to Florida. If he wants to take your deposition in a Florida civil case, he'll need to hold the deposition in New Jersey and may be required to pay a witness fee and your mileage to the place of deposition (if the case is in US Federal Court). Also, the subpoena must be delivered by a sheriff or process server, not mailed to you.