When a Plaintiff files a Civil Suit against someone, does the Plaintiff have to give a deposition?

In Florida, we have a pre-trial hearing in which a judge or some official hears each side of the case and tries to get parties to settle.

As the "Defendant" in a Florida case, i am scheduled to be Deposed. But, i want the Plaintiff to also be deposed...who pays for their Deposition?

Anyone know?

hmm ... that's strange ... depostion before discovery?

here in NYS there is ADR/Alternative Dispute Resolution process before discovery. ADR is schedualted before a moderator in an attempt to settle ... before discovery. During ADR there is no discussion of fact/law just money offer.

Eh....Deposition is part of Discovery.

yes deposition is part of discovery and the usual tactic is to use it last... i.e. after interogs. production admission.

perhaps I misunderstood your situation ... was discovery:
I, P & A been accomplished?

Did you depose the opposition yet?

It's not clear to me why you will be deposed at a hearing?

I would look into the pre-trial hearing a bit closer.

It is my understanding a pre-trial hearing is not the same as a deposition.

Perhaps you might want to consider a motion to stay until this procedural matter is resolved.

Hmmm...

Non of this answered my initial question.

Does the Plaintiff have to give a deposition...before trial and if so...do they have to pay for it?
* Last updated by: BOB5 on 2/13/2014 @ 6:35 PM *

Bob,

Would think that if the defendant initiated the deposition then the defendant would pay.

Would the plaintiff be forced to answer? Don't know the answer to that. Would think that in a civil proceeding there's no provision for "self incrimination". If that's the case the plaintiff would have to make himself available for a requested deposition,

William,

Why would the defendant initiate a deposition of himself?

Again, my question remains UN-answered.

Bob,

I thought your questions were ".... does the Plaintiff have to give a deposition"? and "who pays"?

Would think the party initiating the deposition pays -- at least initially. That might change when the judge makes decision and costs & fees are awarded.

Thus, as defendant if you're deposing the plaintiff you pay - at least initially. If you depose the plaintiff he must answer under oath. (Don't see any self-incrimination or confidentiality issue as you've outlined the situation.)

Hope that's correct and helps clarify.

BTW, will have a question later about "...In Florida, we have a pre-trial hearing ...".

Bill

Thanks William,

I don't know if that's true. Me thinks that a Plaintiff----who brings a suit, would have to pay for their own deposition.

Also, i think that a deposition would be required for a pre-trial hearing...in my state.

Would be nice if Dr. Graves chimed in.

Bob,

What jurisdiction is your case in: state or federal?

What about the Local Rules of Civil Procedure ,,, what are the guideliones for deposition ... what are the guidelines for pre-trial hearing?

If you want to take the deposition of the plaintiff which you have every right to do if you are the defendant, then you will have to notice the plaintiff that you are taking a deposition and you will have to pay for the deposition as it's you that is deposing the plaintiff. Remember to get your own court reporter so you can get it all down. I don't know about your jurisdiction, but in Washington State and I'm pretty sure in all jurisdictions, there is a pretrial hearing between the judge and both parties or their attorneys, to see if there could be a settlement or stipulations or parties can agree to stipulate to certain facts or issues in the case, in the interest of not having to take up court time if it can be settled before trial. But you should already have taken discovery before the pretrial hearing. Hope that helps. p.s. You're not talking about mandatory arbitration are you? In Washington State and many other jurisdictions you have to get thru it before you can continue at the trial court level, in Washington that would be the superior court where you can ask for a trial denovo if you don't agree with the arbitration judgement. Tom.

This was deleted & re-posted as a new topic
* Last updated by: WILLIAM15 on 2/23/2014 @ 4:03 PM *