On February 23, 2018 a
Party Discovery
was filed
involving a dispute between
Lara, Macial,
Rodriguez Jimenez, Maciel,
and
Prat, Rodney,
for Equitable Relief
in the District Court of Miami-Dade County.
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Filing # 81025171 E-Filed 11/19/2018 10:58:56 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NUMBER: 2018-005737-CA-01
MACIEL RODRIGUEZ JIMENEZ
a/k/a MACIAL LARA,
Plaintiff
vs.
RODNEY PRAT,
Defendant
TAKE AN OUT-OF-STATE DEPOSITION
Defendant, RODNEY PRAT, by and through his undersigned attorney, hereby files and
serves this Motion for Issuance of Commissions to take an Out-of-State Deposition and states:
1.
we
w
Defendant, RODNEY PRAT, seeks to conduct depositions in connection with this matter
of a witness who is located outside the State of Florida.
Specifically, Defendant seeks to depose Alexander Lara.
Alexander Lara is currently incarcerated in Federal Prison in Mississippi at Adams
County Correctional Institution, 20 Hobo Fork Road, Natchez, MS 39120.
This deposition is permitted under the Florida Rules of Civil Procedure and is within the
permissible scope of discovery in this case
Under the Uniform Foreign Depositions Law (“UFDL”), section 92.251, Florida Statutes,
whenever a litigant desires to depose a witness residing in another state, that litigant must
first secure the appointment of a commissioner from the court where the litigation
originates. See Greenlight Fin. Servs., Inc.v. Union Am. Mortg., Inc., 971 So. 2d 983, 985
1(Fla. 3d DCA 2008). The foreign litigant may then apply to the court having personal
jurisdiction over the witness for the process necessary to secure the attendance of the
witness. /d.
6. Florida’s UFDL provides, in pertinent part, as follows: “Whenever any mandate, writ or
commission is issued out of any court of record in any other state, territory, district, or
foreign jurisdiction, or whenever upon notice or agreement it is required to take the
testimony of a witness or witnesses in this state, witnesses may be compelled to appear
and testify in the same manner and by the same process and proceeding as may be
employed for the purposes of taking testimony in proceedings pending in this state.” Fla.
Stat. § 92.251(2)
7. The appointment of a commissioner is a generally perfunctory matter. Travelers Indem.
Co. v. Hill, 388 So. 2d 648, 650 (Fla. Sth DCA 1980).
8. Florida courts have inherent authority to issue commissions. See Trawick, Fla. Prac. &
Proc. § 16:16 n.4 (2016-2017 ed.) (citing Stark v. Regency Highland Condo. Ass'n, Inc.,
418 So, 2d 1058 (Fla. 4th DCA 1982).
9. Therefore, Defendant, RODNEY PRAT, requests that the Court issue Commissions to
permit Defendant to conduct out-of-state depositions of the above-listed witnesses.
WHEREFORE, Defendant requests this Honorable Court to issue Commissions to the Clerk of
the Circuit Court of Adams County, Mississippi for the deposition of Alexander Lara.
Dated this 19" day of November, 2018.Respectfully submitted,
PETER D. DEL TORO FBN: 0127314
Attorney for Defendant
THE DEL TORO LAW GROUP LLC
73 SW Flagler Avenue Stuart, FL 34995
Telephone: (844) 900-7383
Facsimile: (772) 448-3045
Email: peter@deltorolawgroup.com
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic
service via the Florida Eportal to all parties of record on this the 19th day of November, 2018.
Respectfully submitted,
PETER D. DEL TORO FBN: 0127314
Attorney for Defendant
THE DEL TORO LAW GROUP LLC
73 SW Flagler Avenue Stuart, FL 34995
Telephone: (844) 900-7383
Facsimile: (772) 448-3045
Email: peter@deltorolawgroup.com
Document Filed Date
November 19, 2018
Case Filing Date
February 23, 2018
Category
Equitable Relief
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Filing # 81025171 E-Filed 11/19/2018 10:58:56 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: 2018-005737-CA-01 MACIEL RODRIGUEZ JIMENEZ a/k/a MACIAL LARA, Plaintiff vs. RODNEY PRAT, Defendant TAKE AN OUT-OF-STATE DEPOSITION Defendant, RODNEY PRAT, by and through his undersigned attorney, hereby files and serves this Motion for Issuance of Commissions to take an Out-of-State Deposition and states: 1. we w Defendant, RODNEY PRAT, seeks to conduct depositions in connection with this matter of a witness who is located outside the State of Florida. Specifically, Defendant seeks to depose Alexander Lara. Alexander Lara is currently incarcerated in Federal Prison in Mississippi at Adams County Correctional Institution, 20 Hobo Fork Road, Natchez, MS 39120. This deposition is permitted under the Florida Rules of Civil Procedure and is within the permissible scope of discovery in this case Under the Uniform Foreign Depositions Law (“UFDL”), section 92.251, Florida Statutes, whenever a litigant desires to depose a witness residing in another state, that litigant must first secure the appointment of a commissioner from the court where the litigation originates. See Greenlight Fin. Servs., Inc.v. Union Am. Mortg., Inc., 971 So. 2d 983, 985 1(Fla. 3d DCA 2008). The foreign litigant may then apply to the court having personal jurisdiction over the witness for the process necessary to secure the attendance of the witness. /d. 6. Florida’s UFDL provides, in pertinent part, as follows: “Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purposes of taking testimony in proceedings pending in this state.” Fla. Stat. § 92.251(2) 7. The appointment of a commissioner is a generally perfunctory matter. Travelers Indem. Co. v. Hill, 388 So. 2d 648, 650 (Fla. Sth DCA 1980). 8. Florida courts have inherent authority to issue commissions. See Trawick, Fla. Prac. & Proc. § 16:16 n.4 (2016-2017 ed.) (citing Stark v. Regency Highland Condo. Ass'n, Inc., 418 So, 2d 1058 (Fla. 4th DCA 1982). 9. Therefore, Defendant, RODNEY PRAT, requests that the Court issue Commissions to permit Defendant to conduct out-of-state depositions of the above-listed witnesses. WHEREFORE, Defendant requests this Honorable Court to issue Commissions to the Clerk of the Circuit Court of Adams County, Mississippi for the deposition of Alexander Lara. Dated this 19" day of November, 2018.Respectfully submitted, PETER D. DEL TORO FBN: 0127314 Attorney for Defendant THE DEL TORO LAW GROUP LLC 73 SW Flagler Avenue Stuart, FL 34995 Telephone: (844) 900-7383 Facsimile: (772) 448-3045 Email: peter@deltorolawgroup.com CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic service via the Florida Eportal to all parties of record on this the 19th day of November, 2018. Respectfully submitted, PETER D. DEL TORO FBN: 0127314 Attorney for Defendant THE DEL TORO LAW GROUP LLC 73 SW Flagler Avenue Stuart, FL 34995 Telephone: (844) 900-7383 Facsimile: (772) 448-3045 Email: peter@deltorolawgroup.com