Beneficiaries and heirs under the Florida Probate Code who are involved in probate litigation Palm Beach know that their deposition may be taken. Before your estate case goes to trial, in the probate court, theFlorida discovery process occurs, which includes the learning of facts and the gathering of evidence. A recent Florida appeals court opinion addresses the unique question of whether one can use the videotaped deposition of a party in closing argument at trial.
Depositions in Estate Lawsuits
- What are depositions in Florida lawsuits and estate proceedings?
- A deposition is where, or when, a person, called the witness, is asked questions under oath and in front of a court reporter, who records the questions and answers.
- The Florida Rules of Civil Procedure permit depositions to be videotaped, as long as you comply with the notice requirements.
- Some beneficiaries of Boca Raton estates don’t like the idea of being videotaped.
- Depositions in Florida may be of third parties who can be fact witnesses, expert witnesses or parties themselves. So, a plaintiff or defendant, or petitioner or respondent, can be deposed as well as other people, non-parties, who may have knowledge of facts which may lead to admissible evidence.
- Remember, in probate litigation, especially cases like financial exploitaiton, or undue influence or will contests and will challenges, the role of your probate litigation law firm, in part, is to discover the facts and apply the probate law to those facts.
- Depositions are an important part of this process and your probate litigation trial strategy.
Using Videotaped Deposition of a Party In Closing Argument
- Can you use the video taped deposition of a party in closing argument at trial?
- After the videotaped deposition was admitted into evidence ?
- In front of a jury?
- A recent Florida appeals case says yes.
- Not a probate litigation case, nor a Palm Beach probate, see Borden Dairy Co. of Alabama, LLC v. Kuhajda, from Florida’s 1st District Court of Appeal, Judge Rowe wrote the opinion.
- 39 Fla L Weekly D 2538
- See also Florida Rule of Civil Procedure 1.330(a)(2) regarding the use of a deposition of a party for any purpose