Extract from Lisa Willis’ article “New Broward Ruling Could Clear Way for Discovery”
A Broward County judge’s ruling might clear future legal hurdles for Florida litigators trying to get timely discovery and depositions from uncooperative parties hiding behind onerous Hague Convention discovery rules, plaintiff counsel said.
In Madison Medco Inc. vs Diana Tone-Baker, plaintiff’s attorney Andrew Rader of Rader Law Group was able to craft a convincing argument in front of Broward Circuit Judge Shari Africk-Olefson.
The judge ruled in Rader’s Broward business client’s favor, deciding that when plaintiffs or defendants are parties in an active civil lawsuit in Florida, they must make themselves available for depositions.
The Coral Springs attorney said the ruling affirms that litigants cannot use international treaties or procedural technicalities as a shield to avoid deposition under Florida law.
Rader describes the matter as “a breach of contract action that involved my client, who was an American, a Florida corporation that had to sue, among other things, a Romanian Corporation for failure to pay commissions.” The primary legal challenge, he said, was obtaining jurisdiction and conducting discovery across international borders.
