I am a pro se defendant in a circuit civil lawsuit. My case and the case of another defendant (who is being sued by the same plaintiff) have been consolidated for purposes of discovery. The Plaintiff's deposition has been set in the other case and I wish to depose the Plaintiff at that time as well. Do I need to include the case styles and numbers for both lawsuits on the Cross-Notice of Taking Deposition document I will be filing?
If your cases are only consolidated for purposes of discovery and you are not a party in the second case, then you would probably only need to file the Notice with your case caption and number, but file it in both and serve all parties in both cases. I would refer to other pleadings that have been filed during discovery while the cases have been consolidated, and see what the caption states. Because you are pro se, I would call the Clerk's office or the JA and see if they can help.
George F HarderBusiness AttorneyWesley Chapel, FL ·
If the cases have been consolidated, usually the two styles are listed one above the other. If the other lawsuit's notice just lists their case, then you can file a separate Notice of Taking Deposition with just your style. You can make it the same day or another day. Attend the other deposition and see what questions were asked. This gives you more time to ask other questions.
Your question raises a few concerns that should be addressed before answering the procedural question. First, you are a "pro se" defendant in a circuit civil case. If the Plaintiff is represented by an attorney, the most likely scenario, you are at a complete disadvantage right from the start regardless of the merits of your defense. Unlike county court or small claims, the rules of court in the circuit civil division are highly technical and if not followed, they could be fatal to your defense. Second, the Circuit Civil division is for disputes over $15K. This tells me that you are being sued for at least $15K and the other side is probably seeking attorneys fees as well. Therefore, you are in a legal problem that you may not have the technical skills to navigate the rules of court and your exposure is over $15K. I recommend you seek a consultation with litigation attorney to explore your options.
Regarding the cross-notice of taking deposition, I also recommend to have an attorney conduct this deposition on your behalf. As a defendant, you are not required to take the deposition at the same time. You are entitled to attend the deposition and order a copy of the transcript if you so choose. Good Luck!
