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Florida Rules of Civil Procedure

Florida Rules of Civil Procedure

1.410 Subpoena

(a) Subpoena Generally. Subpoenas for testimony before the court, subpoenas for production of tangible evidence, and subpoenas for taking depositions may be issued by the clerk of court or by any attorney of record in an action.

(b) Subpoena for Testimony before the Court.

(1) Every subpoena for testimony before the court shall be issued by an attorney of record in an action or by the clerk under the seal of the court and shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at a time and place specified in it.

(2) On oral request of an attorney or party and without praecipe, the clerk shall issue a subpoena for testimony before the court or a subpoena for the production of documentary evidence before the court signed and sealed but otherwise in blank, both as to the title of the action and the name of the person to whom it is directed, and the subpoena shall be filled in before service by the attorney or party.

(c) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein, but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive, or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. A party seeking production of evidence at trial which would be subject to a subpoena may compel such production by serving a notice to produce such evidence on an adverse party as provided in rule 1.080(b). Such notice shall have the same effect and be subject to the same limitations as a subpoena served on the party.

(d) Service. A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made as provided by law. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.

(e) Subpoena for Taking Depositions.

(1) Filing a notice to take a deposition as provided in rule 1.310(b) or 1.320(a) with a certificate of service on it showing service on all parties to the action constitutes an authorization for the issuance of subpoenas for the persons named or described in the notice by the clerk of the court in which the action is pending or by an attorney of record in the action. The subpoena may command the person to whom it is directed to produce designated books, papers, documents, or tangible things that constitute or contain evidence relating to any of the matters within the scope of the examination permitted by rule 1.280(b), but in that event the subpoena will be subject to the provisions of rule 1.280(c) and subdivision (c) of this rule. Within 10 days after its service, or on or before the time specified in the subpoena for compliance if the time is less than 10 days after service, the person to whom the subpoena is directed may serve written objection to inspection or copying of any of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. If objection has been made, the party serving the subpoena may move for an order at any time before or during the taking of the deposition upon notice to the deponent.

(2) A person may be required to attend an examination only in the county wherein the person resides or is employed or transacts business in person or at such other convenient place as may be fixed by an order of court.

(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

(g) Depositions before Commissioners Appointed in this State by Courts of Other States; Subpoena Powers; etc. When any person authorized by the laws of Florida to administer oaths is appointed by a court of record of any other state, jurisdiction, or government as commissioner to take the testimony of any named witness within this state, that witness may be compelled to attend and testify before that commissioner by witness subpoena issued by the clerk of any circuit court at the instance of that commissioner or by other process or proceedings in the same manner as if that commissioner had been appointed by a court of this state; provided that no document or paper writing shall be compulsorily annexed as an exhibit to such deposition or otherwise permanently removed from the possession of the witness producing it, but in lieu thereof a photostatic copy may be annexed to and transmitted with such executed commission to the court of issuance.

(h) Subpoena of Minor. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.



Florida Rules of Civil Procedure
1.010 Scope and Title of Rules
1.030 Nonverification of Pleadings
1.040 One Form of Action
1.050 When Action Commenced
1.060 Transfers of Actions
1.061 Choice of Forum
1.070 Process
1.080 Service of Pleadings and Papers
1.090 Time
1.100 Pleadings and Motions
1.110 General Rules of Pleading
1.120 Pleading Special Matters
1.130 Attaching Copy of Cause of Action and Exhibits
1.140 Defenses
1.150 Sham Pleadings
1.160 Motions
1.170 Counterclaims and Crossclaims
1.180 Third-party Practice
1.190 Amended and Supplemental Pleadings
1.200 Pretrial Procedure
1.201 Complex Litigation
1.210 Parties
1.220 Class Actions
1.221 Homeowners and Condominium Assocs
1.222 Mobile Homeowners Assoc
1.230 Intervention
1.240 Interpleader
1.250 Misjoinder and Nonjoinder of Parties
1.260 Survivor, Substitution of Parties
1.270 Consolidation, Separate Trials
1.280 General Provisions Governing Discovery
1.290 Depositions Before Action or Pending Appeal
1.300 Persons Before Whom Depositions May Be Taken
1.310 Depositions Upon Oral Examination
1.320 Depositions Upon Written Questions
1.330 Use of Depositions in Court Proceedings
1.340 Interrogatories to Parties
1.350 Production of Documents and Things and Entry Upon Land for Inspection
1.351 Production of Documents and Things Without Deposition
1.360 Examination of Persons
1.370 Requests for Admission
1.380 Failure to Make Discovery, Sanctions
1.390 Depositions of Expert Witnesses
1.410 Subpoena
1.420 Dismissal of Actions
1.430 Demand for Jury Trial, Waiver
1.431 Trial Jury
1.440 Setting Action for Trial
1.442 Proposals for Settlement
1.450 Evidence
1.452 Questions by Jurors
1.455 Juror Notebooks
1.460 Continuances
1.470 Exceptions Unnecessary, Jury Instructions
1.480 Motion for a Directed Verdict
1.481 Verdicts
1.490 Magistrates
1.500 Defaults and Final Judgments Thereon
1.510 Summary Judgment
1.520 View
1.525 Motions For Costs and Attorneys Fees
1.530 Motions For New Trial and Rehearing; Amendments of Judgments
1.540 Relief from Judgment, Decrees or Orders
1.550 Executions and Final Process
1.560 Discovery in Aid of Execution
1.570 Enforcement of Final Judgments
1.580 Writ of Possession
1.590 Process in Behalf of and Against Persons Not Parties
1.600 Deposits in Court
1.610 Injunctions
1.620 Receivers
1.625 Proceedings Against Surety on Judicial Bonds
1.630 Extraordinary Remedies
1.650 Medical Malpractice Presuit Screening Rule
1.700 Rules Common to Mediation and Arbitration
1.710 Mediation Rules
1.720 Mediation Procedures
1.730 Completion of Mediation
1.750 County Court Actions
1.800 Exclusion From Arbitration
1.810 Selection and Compensation of Arbitrators
1.820 Hearing Procedures for Non-binding Arbitration
1.830 Voluntary Binding Arbitration
1.900 Forms
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
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