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8.041 Witness Attendance and Subpoenas
(a) Attendance. A witness summoned by a subpoena
in an adjudicatory hearing shall remain in attendance
at the adjudicatory hearing until excused by
the court or by both parties. A witness who departs
without being excused properly may be held in criminal
contempt of court.
(b) Subpoenas Generally.
(1) 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, by
any attorney of record in an action, or by the court on
its own motion.
(2) Except as otherwise required by this rule,
the procedure for issuance of a subpoena (except for
a subpoena duces tecum) by an attorney of record in a
proceeding shall be as provided in the Florida Rules of
Civil Procedure.
(c) Subpoenas for Testimony or Production of
Tangible Evidence.
(1) Every subpoena for testimony or production
of tangible evidence before the court shall be issued by
an attorney of record in an action or by the clerk under
the seal of the court. The subpoena 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 evidence at a time and
place specified.
(2) On oral request of an attorney of record, and
without a witness praecipe, the clerk shall issue a subpoena
for testimony before the court or a subpoena
for
tangible evidence before the court. The subpoena shall
be signed and sealed but otherwise
blank, both as to
the title of the action and the name of the person to
whom it is directed. The subpoena shall be filled in
before service by the attorney.
(d) Subpoenas for Production of Tangible Evidence.
If a subpoena commands the person to whom
it is directed to produce the books, papers, documents,
or tangible things designated in it, the court, on motion
made promptly and in any event at or before the time
specified in the subpoena for compliance with it, may
(1) quash or modify the subpoena if it is unreasonable
and oppressive, or
(2) condition denial of the motion on 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.
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