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In the case of Catherine E. Davey, as Personal Representative of the Estate of Calvin Justin Spann v. Marcos R. Lopez, as Sheriff of Osceola County, Florida, what is the significance of the phrase 'DUCES TECUM' in the context of the deposition notice?
In the case of Catherine E. Davey, as Personal Representative of the Estate of Calvin Justin Spann v. Marcos R. Lopez, as Sheriff of Osceola County, Florida, what is the significance of the phrase 'DUCES TECUM' in the context of the deposition notice?
- It compels the deponent to bring specified documents or items to the deposition. (correct)
- It indicates that the deposition will be conducted telephonically rather than in person.
- It requires the deponent to appear only if served with a subpoena within a specific timeframe.
- It limits the scope of the deposition to only oral testimony, excluding any documentary evidence.
Considering the details provided in the deposition notice for Marcos R. Lopez, which aspect of the deposition is designed to clarify the sheriff's department's operational framework regarding the incident?
Considering the details provided in the deposition notice for Marcos R. Lopez, which aspect of the deposition is designed to clarify the sheriff's department's operational framework regarding the incident?
- Investigating the financial records connected to the involved parties.
- Assessing the personal background and character of each listed witness.
- Reviewing guidelines, policies, and procedures applicable at the time of the incident. (correct)
- Determining the emotional impact of the incident on the victim's family.
In the context of a deposition, what strategic purpose does requiring the deponent to bring 'any and all documents related to this incident' serve for the plaintiff?
In the context of a deposition, what strategic purpose does requiring the deponent to bring 'any and all documents related to this incident' serve for the plaintiff?
- To limit the scope of the deposition to pre-approved documents, preventing the introduction of new evidence.
- To comprehensively gather all relevant documentary evidence, potentially uncovering critical information and informing further lines of inquiry. (correct)
- To ensure the deponent has sufficient materials to prepare for the deposition, thereby expediting the questioning process.
- To overwhelm the deponent, encouraging them to settle the case out of court to avoid further scrutiny.
What is the most likely reason for specifying 'via remotely' for the location of the deposition?
What is the most likely reason for specifying 'via remotely' for the location of the deposition?
Considering the legal context, what is the primary implication of the Certificate of Service included at the end of the document?
Considering the legal context, what is the primary implication of the Certificate of Service included at the end of the document?
Flashcards
What is a deposition?
What is a deposition?
A legal process where a witness answers questions under oath outside of court, with a record made for later use.
What does 'Duces Tecum' mean?
What does 'Duces Tecum' mean?
Latin for 'bring with you.' A court order to produce documents or evidence.
Items for Duces Tecum
Items for Duces Tecum
Videos, reports, and other materials exchanged between parties during the discovery phase of a lawsuit.
Entire Law Enforcement File
Entire Law Enforcement File
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Study Notes
- Catherine E. Davey, as Personal Representative of the Estate of Calvin Justin Spann, is the Plaintiff.
- Marcos R. Lopez, as Sheriff of Osceola County, Florida, is the Defendant.
- Case Number is 2020-CA-000097-ON.
- The document refers to a Notice of Taking Remote Deposition Duces Tecum.
- Matthew A. Kozyra, Esq. of DeBevoise & Poulton, P.A. located at 1035 S. Semoran Blvd., Suite 1010, Winter Park, FL 32792 is the recipient of the notice.
Deposition of Marcos R. Lopez
- Plaintiff will take a deposition on Wednesday, December 4, 2024.
- The deponent is Marcos R. Lopez, as Sheriff of Osceola County, Florida, Designee, pursuant to rule 1.310(b)(6).
- The deposition matters concern:
- The accident that occurred on January 16, 2018.
- Guidelines, policies, and procedures applicable at the time of the incident.
- The role of each witness on the witness list and what that person knows, if anything.
- Reports, witness statements, and any other statements related to this incident.
- Any and all documents related to this incident.
- Location of the deposition is via remotely at U.S. Legal Support.
- The phone number is P. 407-649-9193.
- The time of the deposition is 12:00 P.M.
- The deposition is taken for discovery, use at trial, or as permitted under Florida Rules of Civil Procedure.
- Duces Tecum includes videos, reports, materials exchanged in discovery, reviewed, etc., and the witness and exhibit lists.
Certificate of Service
- A copy has been served via Florida e-filing portal to Thomas Poulton, Esq., and Matthew A. Kozyra, Esq. at [email protected], [email protected] and [email protected] of DeBevoise & Poulton, P.A., Lakeview Office Park, 1035 S. Semoran Blvd., Suite 1010, Winter Park, FL 32792, on November 6th, 2024.
- Jeremy K. Markman of King & Markman, P.A. is the attorney for the Plaintiff.
- Jeremy K. Markman's Florida Bar Number is 0080594.
- King & Markmam, P.A. address is 941 Lake Baldwin Lane, Suite 101, Orlando, Florida 32814.
- Tel: (407) 447-0848
- Fax: (407) 271-8999
- Email addresses: [email protected], [email protected], [email protected]
Deposition of Lieutenant Diaz
- Plaintiff will take a deposition on Wednesday, March 5, 2025
- The deponent is Lieutenant Diaz.
- The time of the deposition is 1:00 P.M.
- The location of the deposition is via remotely at U.S. Legal Support.
- Duces Tecum includes: Entire Law Enforcement File including but not limited to the incident report, supplement report, witness statements, any other statements, crime scene contamination sheet, body worn camera video, video from the location, photographs, arrest affidavits, crime scene documentation, property or evidence sheet, CAD Report, and any other documents, videos and/or photographs related to this incident.
- A copy has been served via Florida e-filing portal to Thomas Poulton, Esq., and Matthew A. Kozyra, Esq. at [email protected], [email protected] and [email protected] of DeBevoise & Poulton, P.A., Lakeview Office Park, 1035 S. Semoran Blvd., Suite 1010, Winter Park, FL 32792, on February 25th, 2025.
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