Deposition Objections Florida Law Allows
When jilted spouses are seeking divorce help, I often think it would be extremely beneficial for them to adopt Gandhi’s mantra ‘an eye for an eye only ends up making the whole world blind’. Then again there could be a slight disconnect considering the guy got thrown into an arranged marriage at the ripe, old age of thirteen and was perfectly content wearing a sheet for most of his life. That being said, in an ideal world, divorce would be as simple as saying sayonara to the old ball and chain; warmly looking back on the memories of a life spent together as you wave goodbye to the moving truck packed with possessions you amicably divided the night before over a glass of Cabernet and an old Sinatra record. Unfortunately, in a society where Facebook is involved in a third of divorces and tagging your beloved’s car with a GPS is as run of the mill as grabbing a cup of joe at Starbucks, the chance of that scenario playing out is about as good as Ryan Braun’s chance of being inducted into the baseball hall of fame.
If you are looking for divorce help and the theme of your divorce is more Paul McCartney/Heather Mills than J.Lo/Marc Anthony, bitterness and bottled up rage have most likely taken the forefront and you have convinced yourself that desperate times call for desperate measures. Suddenly all logic has gone out the window and you find yourself unable to sleep at night, your thoughts consumed by how you are going to exact revenge on your former sweetheart. You have come to the realization that the situation has garnered too much attention for your original plan of sprinkling arsenic into his protein shake or replacing the diamonds in her jewelry with cubic zirconium, but you persevere knowing that you are fully capable of thinking outside the box and hell hath no fury like a spouse scorned. And then, Eureka! By George, you’ve got it… if it takes your last breath, you will expose your intended life partner for the scumbag he or she really is. You can hardly wait for the morning light to call your divorce attorney with a witness list chock full of family members, golf buddies and that co-worker your honey always got a little too friendly with every year at the office holiday party. There’s only one problem. If you are seeking divorce help, allow me to break the unfortunate news that there could be a fatal flaw to your master plan. Let me introduce you to a little thing called the protective order.
The Definition of Deposition Doesn’t Include Torture
Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires. The court also can order that the discovery not be had at all or significantly narrow its scope. The foundation for making this determination is that a person’s right to privacy must be balanced against the need for and the probative value of the information sought. What this basically means is that if your motivation for calling your mother in law to the stand or deposing the office tramp is rooted in the personal satisfaction of dragging your ex’s name through the mud, and your attorney can’t prove otherwise, you’re pretty much SOL. As an aside, protective orders may also be utilized during a divorce in Florida to protect privileged information stemming from certain relationships such as that between an accountant and client or psychotherapist and patient, among others.
Securing or defending a protective order for a deposition or other discovery can be tricky and it is therefore imperative to have a skilled family law attorney in your corner. Like many issues ancillary to divorce in Florida, loopholes do exist and it is important that you retain a family lawyer for divorce help who has the ingenuity to make the most out of them. It is also important to note that, when dealing with the issue of protective orders, time is of the essence. A hearing must occur and the burden is on the party making the motion to show good cause. More importantly, until the moving party obtains a court order, the duty to produce discovery still exists. Further, the court is required to award reasonable expenses to the non-moving party, including attorneys’ fees and costs, unless the court finds that the last minute motion for protection was justified or other circumstances make an award of expenses unjust.
By securing a skilled family lawyer to protect you from unfair tactics used for a deposition or other discovery, and feel comfort in knowing that you have retained representation who understands that there is a balance between putting your ex on blast and keeping your own skeletons in the closet where they, most assuredly, belong.