An attorney representing a teacher employed at Marjory Stoneman Douglas High School in Parkland, Florida, scene of the February 14, 2018 school/workplace massacre where 14 students and three faculty members were shot dead, has filed a motion for protective order in response to a subpoena for deposition seeking her testimony.
Counsel representing Felicia Burgin the witness subpoenaed for deposition has filed the motion which essentially asks the court to quash the subpoena and stop the proceeding from going forward.
The motion states as grounds that Ms. Burgin "suffered significant stress, anxiety, post-traumatic stress disorder and other mental health issues" relating to the massacre, and that the deposition may cause her to suffer a "regression" of progress made in the nearly two years since the mass shooting.
Another motion for protective order referencing a second deponent by his/her initials only has also been filed with the court.
Fact witnesses in criminal and civil proceedings in Florida may be subpoenaed to give sworn testimony before a court reporter regarding their personal knowledge of the facts at issue.
If a properly subpoenaed witness fails to show up for deposition, a motion for order to show cause as to why the witness should not be held in contempt of court may follow. This is one reason why protective orders are sought.
In this case, the subpoena for deposition was issued in conjunction with the criminal proceeding which is pending in Broward County, Florida.
A hearing on the motion for protective order has been scheduled before the presiding judge in Florida's 17th Judicial Circuit.