We all know that the deposition is perhaps the single most important tool we have as litigators to identify, and reveal, the information required to prevail in our action. Our practice, like many others around the state, spends a great deal of time litigating first-party insurance claims against Florida’s insurers. While the corporate representative (or adjuster) deposition is our best opportunity to obtain the information we need to prevail when our client’s bills are sliced and diced by the arbitrary policies of the omnibus insurer, our clients’ deposition often represents our greatest challenge.
Let’s face it, our clients are business people, not professional litigants like an adjuster. They may know all there is about an MRI, or whatever serves as their stock in trade, but they can crumble beneath the weight of a marathon deposition. We’ve all experienced that helpless feeling of watching the defense conduct a fishing expedition on our client, knowing there is little we can do. Unfortunately the Rules do not allow us to reign in an out-of-control deposition, as matters of relevance and undue burden are left for the judge. Introducing, the Motion for Protective Order (MPO).