Legal Question in Civil Litigation in Florida
Small Claims w/o attorney.
I am the plaintiff. Judgment was entered on my behalf. I am at the point of discovery. Can I, as the plaintiff, Subpoena Duces Tecum For Deposition, without an attorney? I want to take the deposition of the defendant in order to discover assets.
Thanks.
2 Answers from Attorneys
A subpoena duces tecum is a command to produce documents. You do not need to depose the Defendant, but rather have them deliver the documents that you are requesting. If you have a judgment, you may want to hire an attorney to help you recover it. Regards,
If you are a pro se plaintiff, you can do discovery without a lawyer. Just do a notice of taking deposition duces tecum. Do not need to subponea defendant. Make sure you give defendant enough time to get records...say 40 days from date you send out notice.
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