Florida Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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Multi-State
Control #:
US-02707BG
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Word; 
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Description

The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.

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FAQ

Rule 12.360 - EXAMINATION OF PERSONS (a) Request; Scope. (1) A party may request any other party to submit to, or to produce a person in that other party's custody or legal control for, examination by a qualified expert when the condition that is the subject of the requested examination is in controversy.

Any party may request any other party: (1) to produce and permit the party making the request, or someone acting in the requesting party's behalf, to inspect and copy any designated documents, including electronically stored information, writings, drawings, graphs, charts, photographs, audio, visual, or digital ...

Rule 12.363 - EVALUATION OF MINOR CHILD (a) Appointment of Expert. (1) The court, on motion of any party or the court's own motion, may appoint an expert for an examination, evaluation, testing, or interview of any minor child.

Rule 1.410 - SUBPOENA (a) Subpoena Generally. Subpoenas for testimony before the court, subpoenas for production of tangible evidence, and subpoenas for taking depositions may be issued by the clerk of court or by any attorney of record in an action.

(3) Location of Deposition. Depositions of witnesses residing outside the county in which the trial is to take place shall be taken in a court reporter's office in the county or state in which the witness resides, such other location as is agreed on by the parties, or a location designated by the court.

Rule 12.351 provides the exclusive procedure for obtaining documents or things by subpoena from nonparties without deposing the custodian or other person in possession of the documents.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless that party states that that party has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny.

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Florida Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice