Florida Rules of Criminal Procedure
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3.361. Witness Attendance and Subpoenas
(a) Subpoenas generally. Subpoenas for testimony
before the court and subpoenas for production
of tangible
evidence before the court may be issued by the
clerk of the court or by any attorney of record in an
action.
(b) Subpoena for testimony or production of tangible
evidence.
(1) A subpoena for testimony or production of
tangible evidence before the court 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 or produce the evidence
at a time and
place specified in the subpoena.
(2) On oral request of an attorney, the clerk shall
issue a subpoena for testimony before the court or
a subpoena for the production
of tangible evidence
before the court, signed and sealed but otherwise in
blank, and the subpoena shall be filled in by the attorney
before service.
(c) For production of tangible evidence.
(1) If a subpoena commands a person or entity to
produce books, papers, documents, or tangible things,
the person or entity may move the court to quash or
modify the subpoena before the time specified in the
subpoena for compliance.
(2) The court may (A) quash or modify the subpoena
if it is unreasonable and oppressive, or (B)
require the person in whose behalf the subpoena is
issued to advance the reasonable cost of producing the
books, papers, documents, or tangible things.
(d) Attendance and enforcement. A witness
subpoenaed for testimony before the court or for
production of tangible evidence before the court shall
appear and remain in attendance until excused by the
court or by all parties. A witness who refuses to obey a
subpoena or who departs without being excused properly
may be held in contempt.
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