Full question:
My deposition was taken in a case I was not a party to. I was not represented by a lawyer. The deposition took two days, and the lawyer taking the deposition said she may need more time. The lawyer for the other side reserved the right to cross examine me. I reserved the right to read and sign the deposition. Out of the clear blue, my deposition (unsigned) was filed in the court records. What I had said was paraphrased incorrectly to the Judge which he quoted. Using this bad information he came to an incorrect conclusion in a summary judgement. I complained to the Florida Bar about this attorney unethical behavior. They said this was a judical matter, nothing they could do. The judge said for me to consult an attorney. What can I do to have my deposition deleted from the court record or get relief?
- Category: Criminal
- Subcategory: Appeals
- Date:
- State: Florida
Answer:
Based on your situation, it may be too late to file a motion to strike the deposition from the record. Instead, you might need to consider an appeal to seek relief. In appeals, courts typically focus on legal errors rather than reexamining the facts. They look for mistakes in how the law was applied or how evidence was introduced. If a legal error is found, the appellate court must also determine that this error likely changed the outcome of the case.
There are usually strict time limits for filing an appeal, often around thirty days. It is advisable to consult with a local attorney who can review your case's specifics and guide you through the process. For reference, under Fla. Stat. § 59.041, errors in evidence or procedure generally do not lead to a reversal unless they result in a miscarriage of justice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.