Sample Motion For Protective Order Deposition Florida
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FAQ
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.
Rule 1.320 - DEPOSITIONS UPON WRITTEN QUESTIONS (a)Serving Questions; Notice. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in rule 1.410.
The mere filing of a motion for a protective order does not, absent an order of the Court granting the motion, excuse the moving party from complying with the requested or scheduled discovery.
A leading question is asked by a lawyer to clue the witness to the intended answer he/she is seeking from the witness. Florida Statute s. 90.612(3) states: ?Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony.
Parties wishing to keep confidential documents obtained or disclosed during discovery, including for attorneys' eyes only, may file a motion for protective order, with a proposed order, showing good cause for the relief requested.
