How Do I Get Evidence Removed From the Court Record?

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: 04/07/2025
• State: Florida

Answer:

From what you describe, it may be too late to file a motion to strike the evidence and an appeal may be necessary to seek further relief. In reviewing errors of the lower court, the errors focused on are of a legal nature, such as errors in introducing evidence. Appellate courts will usually not disturb factual findings. A court on appeal will not typically reexamine the facts, but will only review the case for legal errors. A legal issue or issue of law is a legal question which is the foundation of a case. It requires a court’s decision. It can also refer to a point on which the evidence is undisputed, the outcome of which depends on the court's interpretation of the law. If a legal error is found, the appellate court will also require a finding that, but for the legal error, a different outcome would have been reached in order to overturn the ruling of the lower court. Depending on the type of case, a certain time limit for filing an appeal, typically 30 days, exists. We suggest you contact a local attorney who can review all the facts and documents involved.

Please see the following FL statutes:

59.041 Harmless error; effect.—No judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence or for error as to any matter of pleading or procedure, unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice. This section shall be liberally construed.