Third DCA Case: Attempts to Avoid Deposition

Are you involved in a Palm Beach trust dispute? Has the other side been   abusing their privilege to conduct discovery? Has your lawyer fought the actions? You may be entitled to relief from abusive use of depositions and other discovery matters. Take a look at what the Third District Court of Appeal had to say about the matter in a case filed today, May 27, 2015.

Discovery

• Discovery is the process whereby parties obtain information about a case.
• A party can depose almost anyone with information as long as they filed a subpoena in Palm Beach probate court.
• A party can also ask the other party to admit things and answer questions on paper. Finally a party can ask that documents be provided directly to them.
• Do you know the limits on discovery in West Palm Beach?
• In Florida courts will allow you to discover anything that is reasonably calculated to lead to admissible evidence.
• One big exception is if the information is privileged.
• Do you know the rules on what is privileged?
• The Courts will not allow a party to use discovery to embarrass, harass or harm other parties or nonparties.
• If a party feels this is the true motive they can stop the actions by looking to the court for support.
• Do you know what the Court will look for when determining if discovery is being used for improper purposes?
• It may not be as obvious as you think, just because a deposition is going poorly or becoming hostile does not mean it is improper.
• Don’t believe me; take a look at this recent case out of the Third District Court of Appeals.

Kauffman v. Duran

• The plaintiff here filed for a writ of certiorari which is a rare writ issued when a court below was clearly not following the law.
• The defendant, Duran has sought multiple times to depose the plaintiff to no avail.
• The court once again informed the plaintiff that merely because his deposition had begun to get heated did not mean it was for an improper motive.
• In other words just because he was getting upset and felt harassed did not mean it was meant for harassment.
• The purpose is calibrated based on the intent of the deposer not the deposee’s feelings about it.
• Do you agree?

Want to learn even more?

Check out the entire case by clicking here.