Florida Motion For Protective Order

State:
Multi-State
County:
Palm Beach
Control #:
US-MOT-01414
Format:
Word; 
Rich Text
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Description

This is a multi-state form covering the subject matter of the title.

A Palm Beach Florida Motion for Protective Order against Trial Deposition is a legal document filed in a court case to request protection for a witness during a deposition that is part of the trial proceedings. This motion aims to limit the scope of questioning or prevent certain information from being disclosed during the deposition, ensuring the witness's safety, privacy, or safeguarding sensitive information. Keywords: 1. Palm Beach Florida: Refers to the specific geographical location where the motion is filed, highlighting the jurisdiction of the court. 2. Motion for Protective Order: This motion is a legal request made by one of the parties involved in the trial to obtain protection for a witness during a deposition. 3. Trial deposition: Denotes the process of obtaining sworn, out-of-court testimony from a witness before trial to gather evidence. 4. Protective Order: Refers to a court-issued order that limits the scope of questioning or restricts the disclosure of certain information during a legal proceeding. Types of Palm Beach Florida Motion for Protective Order against Trial Deposition: — Motion for Protective Order to Limit Scope of Questioning: This type of motion requests the court to restrict the types of questions that can be asked during the deposition to ensure the witness is not unnecessarily subjected to invasive or harassing inquiries. — Motion for Protective Order to Prevent Disclosure of Sensitive Information: This motion aims to prevent the deposition from disclosing certain information that could harm the witness or breach their privacy, such as personal details, confidential business information, trade secrets, or classified data. — Motion for Protective Order to Ensure Witness Safety: If there are concerns over the witness's physical or emotional well-being, this motion is filed to request precautions or arrangements, such as location confidentiality, anonymous testimony, or security measures, to ensure their safety during the deposition and subsequent trial. — Motion for Protective Order to Establish Time Limit or Restrict Duration: In cases where the deposition is expected to be lengthy, burdensome, or repetitive, this motion seeks to limit the time duration of the deposition, preventing the witness from being unduly subjected to an extended questioning process. — Motion for Protective Order to Address Privileged Information: This type of motion is filed to safeguard privileged information from being disclosed during the deposition, such as attorney-client communications or doctor-patient confidentiality. It is important to note that the specific types of motions available may vary based on the court's rules and jurisdiction.

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Motions for Protective Order If a party or person maintains that responding to the discovery sought will result in potentially abusive action, then the party or person will file a motion for protective order. The Florida Rules of Civil Procedure 1.280 sets forth how a party can move for a protective order.

The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs.

Under Florida law, a trial court does not have the discretion to stay discovery based solely on a pending motion to dismiss that is alleged to be dispositive. Rather, Florida law is clear that the pendency of a motion to dismiss, in and of itself, is not sufficient good cause to stay discovery.

A motion for protective order does not automatically stay the deposition and the deposition shall proceed unless an order granting the motion is entered by the Court.

(3) Motions for Protective Order. The filing of a motion for protective order stays the deposition or response deadline shall be stayed until the court rules on the motion.

All those involved in the case may attend the deposition, and while attorneys for both sides are present, they have a much more limited role than afforded in a courtroom. Depositions can be as short as fifteen minutes, or can last a weekor even longer.

A quash definition would be to reject, or void, especially by a legal procedure. Simply put, it is a verb meaning to put an end to. A motion to quash refers to a specific type of request, in which one court is asked to render the decision made by another, lower court as invalid.

P. 1.410(e)(1)). Although serving written objections stays the obligation to produce evidence in response to the subpoena, it does not stay the obligation to appear for deposition. If the recipient seeks to stay the deposition, the recipient must file a motion to quash or motion for protective order.

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First, a motion to compel the deponent to appear for deposition because the parties cannot agree on a date. Her guardian filed a motion for protective order seeking to prevent the deposition because Ms. Roberts was, to some degree, legally incapacitated.The filing of the motion must. NONPARTY WITNESS EMERGENCY MOTION TO QUASH. Have you ever been involved in a Florida lawsuit like maybe an undue influence lawsuit or a probate lawsuit in Florida and you want to depose somebody? When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order. Case opinion for FL District Court of Appeal NEVIN v. Chapter 3: Effect on Pending Discovery of a Motion for Protective Order. DOAH Final Order on Tuesday, April 23, 2019.

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Florida Motion For Protective Order