Legal Question in Civil Litigation in Florida

I am the Pro Se Defendant in a civil suit against a homeowner's assocation. When I deposed the President of the Association, she deferred many of the questions to her attorney. These were not questions of privilege or work product. These were simple questions about the deed restrictions and policy and procedure of the staff of the Association. Am I allowed to call the attorney as a witness at trial regarding the information that was deferred ?


Asked on 3/01/10, 7:52 am

2 Answers from Attorneys

Steven Meyer CPLS, P.A.

You cannot call the attorney as a witness, except in very rare circumstances. It is highly likely that the judge will not permit you to call the attorney as a witness. So, you need to file a motion now asking the judge to compel the president to answer the questions. You can also send written interrogatory questions to the association and ask for the same information. If they do not provide it, you can file a motion asking the judge to compel them to answer.

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Answered on 3/06/10, 8:41 am
Lesly Longa Longa Law P.A.

No, you cannot call the attorney as a witness. The person being deposed has to answer the questions for him or herself.

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Answered on 3/06/10, 9:27 am


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