Subpoena Duces Tecum

[iamfreeru2]

Okay, I have never used a Subpoena Duces Tecum before, but would like to impeach a witness for Discover Bank in my case. The fact is this individual entered an affidavit and material that was stated as being entered into the court file is not there. It is a total joke. I am confident that the motion to dismiss I ahve filed will be granted, but I would like to ensure this by deposing the Plaintiff's witness with written questions. I am posting the Florida Rules below.

RULE 1.320. DEPOSITIONS UPON WRITTEN QUESTIONS
(a) Serving Questions; Notice. After commence¬
ment of the action any party may take the testimony
of any person, including a party, by deposition upon
written questions. The attendance of witnesses may
be compelled by the use of subpoena as provided in
rule 1.410. The deposition of a person confined in
prison may be taken only by leave of court on such
terms as the court prescribes. A party desiring to take
a deposition upon written questions shall serve them
with a notice stating (1) the name and address of the
person who is to answer them, if known, and, if the
name is not known, a general description sufficient to
identify the person or the particular class or group to
which that person belongs, and (2) the name or de¬
scriptive title and address of the officer before whom
the deposition is to be taken. A deposition upon
written questions may betaken of a public or private
corporation, a partnership or association, or a
governmental agency in accordance with rule
1.310(b)(6). Within 30 days after the notice and
written questions are served, a party may serve cross
questions upon all other parties. Within 10 days after
being served with cross questions, a party may serve
redirect questions upon all other parties. Within 10
days after being served with redirect questions, a
party may serve recross questions upon all other
parties. The court may for cause shown enlarge or
shorten the time.
(b) Officer to Take Responses and Prepare
Record. A copy of the notice and copies of all ques¬
tions served shall be delivered by the party taking
the depositions to the officer designated in the
notice, who shall proceed promptly to take the
testimony of the witness in the manner provided by
rules 1.310(c), (e), and (f) in response to the
questions and to prepare the deposition, attaching
the copy of the notice and the questions received by
the officer. The questions shall not be filed
separately from the deposition unless a party seeks
to have the court consider the questions before the
questions are submitted to the witness.

The witness is out of state. I need to depose him/her and need to know if I can serve Plaintiff's counsel (here in Florida) to be the officer to do the written deposition? Or do I need to serve the third party witness her/himself and find a notary in Ohio to do the deposition? Francis, if you know the answer to my question, please reply. I checked with a paralegal, but did not know the answer.

[seeker]

You know who is in Ohio! Send him over to depose!

LOL

Seeker

[iamfreeru2]

Disregard my post. It is not a Subpoena Duces Tecum I need. I have found the answer I need for what needs to be done. Thanks to Henry Franklin.

Godspeed iamfreeru2.I will pray for your situation.You know they are going to lie thru their teeth.Evil is as evil does.But the truth will set you free.God Bless.