Legal Question in Civil Litigation in Florida

I received a subpoena from an attorney. It is for a civil case. Do I need to show up? Can my attorney be present? Can I bring a family member? It's not court, so what happens if I don't show up? Thanks! Mike Merritt

Asked on 2/17/11, 12:37 pm

1 Answer from Attorneys

Tracy Newmark The Newmark Law Firm, PA

You must appear, however if the date and time is not convenient for you then you can call the attorney who signed the subpoena and they will re-set it. You can bring an attorney, but you are not required to bring an attorney to the deposition.

A deposition is just like court except there is no judge present. Your testimony is taken down by a court reporter and you are "sworn in". You can bring a family member as long as they are not a witness in the same case and the attorney should not give you a hard time, but may not agree, so please clear that in advance.

If you do not show up then you are in contempt and a sheriff can come pick you up and arrest you until you sit for your deposition. This procedure takes a few steps, but it is easier and better to just go to the deposition. Chances are they will accommodate your schedule since they want your testimony and want you to not be angry about having to give your testimony.

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Answered on 2/17/11, 1:41 pm

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