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ProveMyFloridaCase.com > Posts tagged "protective order"

Appealing a Protective Order that Precludes You from Deposing Material Witness

In a recent article, I discussed that if you are appealing a discovery order, you are doing so through a petition for a writ of certiorari.  I further discussed that this was not an easy appeal, and typically, it is not an easy appeal.   But, what about the scenario where the trial court precludes you from taking a deposition of a material witness?  For instance, say you want to take a witness’ deposition and the opposing side moves for a protective order to prevent that deposition from going forward.  Say the trial court agrees with the opposing party and grants...

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Denial of Right to Depose Material Witness

Depositions are an integral part of a dispute’s "truth seeking" discovery process. This is where parties can depose a witness under oath and explore key factual issues and parties’ positions, both from a liability and damages perspective.   Certain depositions can be introduced for purposes of substantive evidence at trial.   Other depositions can be used for purposes of impeachment in case a witness changes his/her position or story at trial. The significance of a deposition of a material witness in a civil case cannot be understated.   If an opposing party wants to limit or prevent a deposition from moving forward, that party will...

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