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  1. #1
    Join Date
    Apr 2008
    Posts
    9

    Default Legal Procedure To Have Witnesses Testify

    My question involves a child custody case from the State of: Florida

    I have read the Florida Civil Law Procedures, but admittedly I am still confused about one procedure.

    If I want to have an expert testify at my modification hearing, does that person have to go through a deposition first to allow their testomony to be heard - in person - at trial, OR can I just subpoena them to testify at trial. I know that you have to give the other party disclosure about who will be testifying and that can be done by sending a copy of the subpoena for the expert. But are depositions required before they can testify?

    Does anyone know the answer to this? Thanks for your help!! :-)

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: Legal Procedure To Have Witnesses Testify

    You should be working with your lawyer.

    Experts often testify at a "trial deposition", sometimes called a "de bene esse deposition", rather than coming to court in person. Experts charge by the hour, including for trial and deposition time, so if you want to have your expert testify (or compel the other side's expert to testify) you had best have your checkbook handy. You can subpoena an expert to trial, but that doesn't make their expert testimony free - they don't have to share their expert opinions unless they're paid, and generally experts have no relevant factual knowledge to share. Never, ever, surprise your own expert with a subpoena - work out the dates and circumstances of testimony.

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