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  1. #1
    Join Date
    Sep 2018
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    Default Can a Deposition be Scheduled if a Motion to Dismiss is Pending

    My question involves paternity law for the State of: Fl
    A paternity petition was filed against my husband and I in regards to our 2 year old son. A motion to dismiss has been filed and the opposing party requested permission from the judge's clerk to schedule the motion hearing. My husband and I are pro se at this time. The opposing counsel emailed me about scheduling a live deposition . They want to depose my husbamd and I before we have had our motion to dismiss heard amd before we have even answered the petition. Can they depose me to try and develop their standing which I challenged in my motion to dismiss?

  2. #2
    Join Date
    Jul 2018
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    1,168

    Default Re: Live Deposition

    Quote Quoting Alafam
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    Can they depose me to try and develop their standing which I challenged in my motion to dismiss?
    I doubt anyone here is familiar with the Florida rules of procedure that apply in a case such as yours. Obviously, you can decline to sit for the deposition and put the onus on the opposing party to make a motion to compel. You'll need to familiarize yourself with the rules of procedure before deciding what to do.

    While not directly relevant to your question asked, what is your argument that the petitioner lacks standing?

  3. #3
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    Default Re: Can a Deposition be Scheduled if a Motion to Dismiss is Pending

    If the court has issued a discovery order, then you know the schedule upon which discovery is allowed. It is not surprising that opposing counsel would be trying to use the discovery process to defeat your motion, in advance of the hearing date.

    I don't suggest ignoring a subpoena for a deposition; but I do suggest retaining a lawyer to advise you as to whether it may be possible to avoid the deposition, and also if necessary to represent you at the deposition.

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