What is the Proper Place for the Deposition of a Party in a Case Pending in the U.S. District Court for the Middle District of Florida?

Local Rule 3.04(b) in the Middle District of Florida provides guidance to counsel concerning disputes over the place of taking a party-litigant's deposition, or the deposition of the managing agent of a party. According to Local Rule: “It is the general policy of the Court that a non-resident plaintiff may reasonably be deposed at least once in this District during the discovery stages of the case; and that a non-resident defendant who intends to be present in person at trial may reasonably be deposed at least once in this District either during the discovery stages of the case or within a week prior to trial as the circumstances seem to suggest. Otherwise, depositions of parties should usually be taken as in the case of other witnesses pursuant to Rule 45(d), Fed.R.Civ.P. A non-resident, within the meaning of this rule, is a person residing outside the State of Florida.” The important take-away from this rule: non-resident plaintiffs and non-resident defendants will almost always be deposed at a location within the Middle District of Florida.

Joel Ewusiak frequently represents parties in lawsuits pending in the U.S. District Court for the Middle District of Florida. Please contact Joel for legal assistance with your specific matter.