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  1. #1
    Join Date
    Sep 2009
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    2

    Default Subpoena Duces Tecum for Deposition in Aid of Execution

    My question involves business law in the state of: Florida.
    A sheriff came with papers to serve for my father and his corporation. My father was out of town so the sheriff left them with my mom. The deposition is in 1 week and we still havn't heard from my dad. I called the sheriffs office and they say that it is a proper service to leave papers with one's spouse. I called the attorneys and let them know the papers were left with my mom and that my dad was out of town and we hadnt talked to him since the papers were served therefore he doesn't know about the deposition. After being put off by them for a week, they called me today to say that they will not cancel the deposition and that my dad must be there. How is this possible when i can't even get a hold of my father?? I mean the papers were left with my mom because he was out of town. What will happen if he doesn't show up?? or if we do get in contact with him and he makes it back to the state in time for the deposition, what will happen if he only has a few of the itmes they are asking him to bring on schedule "A" because he obivously at this point wont have much time to get tthings together if we do get hold of him. Thanks!!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Subpoena Duces Tecum for Deposition in Aid of Execution

    If he doesn't show up, in all likelihood they will make a record of his nonappearance then seek sanctions with the court, almost certainly involving attorney fees and quite possibly with a request for a default judgment against him.

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