Legal Question in Personal Injury in Florida

Who has the right to issue and/or request a subpoena to a deposition?

I am a defendant in a personal injury complaint.

I am representing myself in this case because I don't have the resources to hire an attorney.

I would like to schedule a deposition to interview the Plaintiff's attorney. If they ''make it difficult'' can I get a subpoena issued? How?

Thank you

Asked on 4/18/01, 7:40 am

3 Answers from Attorneys

0 users found helpful
0 attorneys agreed

Re: Who has the right to issue and/or request a subpoena to a deposition?

First of all, it is improper to depose the opposing attorney, any information she has is subject to the attorney-client priviilege. It you want to depose a party (plaintiff) set the depo with a court reporter and coordinate the time with the other lawyer, the court reporter should help you do this. You do not need to subpoena a party (plaintiff or defendant) you sound way over your head in this one-don't you have insurance to do it for you? by the way, other than the attorneys or parties, you can subpoena any witness, you should probably go to the court to get help with it being issued.

Read more
6/12/01, 1:35 am
Patrick Russell Russell Law Offices
0 users found helpful
0 attorneys agreed

Re: Who has the right to issue and/or request a subpoena to a deposition?

Only a judge, clerk of the court, or a lawyer has the ability to issue a subpoena. In this instance, you would have to have the subpoena issued by the clerk of the court.

As a comment, depositions are permitted of witnesses. Generally, a party's lawyer is not considered a witness. A party's lawyer can not be compelled to testify about client communications as that is protected by the attorney-client privilege. It is certain that your subpoena will be objected to on this basis and you will need a hearing to resolve this issue before the Court.

Feel free to contact me if you should have any further questions.

Read more
6/11/01, 5:09 pm
Robert McCall Law Office of Robert McCall
0 users found helpful
0 attorneys agreed

Re: Who has the right to issue and/or request a subpoena to a deposition?

Generally you have no right to depose (interview) the opposing attorney. In my jurisdiction attempting to do so would subject you to sanctions. Be careful.

Read more
6/11/01, 5:28 pm

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Florida

Looking for something else?

Get Free Legal Advice

88177 active attorneys ready to answer your legal questions today.

Personal Injury Law and Tort Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now