Florida Family Law Rule 12.351
RULE 12.351. PRODUCTION OF DOCUMENTS AND THINGS
WITHOUT DEPOSITION
(a) Request; Scope. A party may seek inspection and
copying of any documents or things within the scope of rule
12.350(a) from a person who is not a party by issuance of a
subpoena directing the production of the documents or things when
the requesting party does not seek to depose the custodian or other
person in possession of the documents or things. This rule provides
the exclusive procedure for obtaining documents or things by
subpoena from nonparties without deposing the custodian or other
person in possession of the documents or things under rule 12.310.
(b) Procedure. A party desiring production under this rule
must serve notice as provided in Florida Rule of General Practice
and Judicial Administration 2.516 on every other party of the intent
to serve a subpoena under this rule at least 10 days before the
subpoena is issued if service is by delivery, facsimile, or e-mail and
15 days before the subpoena is issued if the service is by mail. The
proposed subpoena must be attached to the notice and must state
the time, place, and method for production of the documents or
things, and the name and address of the person who is to produce
the documents or things, if known, and if not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs; must include a designation of
the items to be produced; and must state that the person who will
be asked to produce the documents or things has the right to object
to the production under this rule and that the person will not be
required to surrender the documents or things. A copy of the notice
and proposed subpoena shall not be furnished to the person on
whom the subpoena is to be served. If any party serves an objection
to production under this rule within 10 days of service of the notice,
if service is by delivery, facsimile, or email or within 15 days if
services is by mail, the documents or things must not be produced
pending resolution of the objection in accordance with subdivision
(d).
(c) Subpoena. If no objection is made by a party under
subdivision (b), an attorney of record in the action may issue a
subpoena or the party desiring production must deliver to the clerk
for issuance a subpoena together with a certificate of counsel or pro
se party that no timely objection has been received from any party,
and the clerk must issue the subpoena and deliver it to the party
desiring production. Service within the state of Florida of a
nonparty subpoena is deemed sufficient if it complies with rule
12.410(d) or if (1) service is accomplished by mail or hand delivery
by a commercial delivery service, and (2) written confirmation of
delivery, with the date of service and the name and signature of the
person accepting the subpoena, is obtained and filed by the party
seeking production. The subpoena must be identical to the copy
attached to the notice and must specify that no testimony may be
taken and must require only production of the documents or things
specified in it. The subpoena may give the recipient an option to
deliver or mail legible copies of the documents or things to the party
serving the subpoena. The person on whom the subpoena is served
may condition the preparation of copies on the payment in advance
of the reasonable costs of preparing the copies. The subpoena may
require production only in the county of the residence of the
custodian or other person in possession of the documents or things
or in the county where the documents or things are located or
where the custodian or person in possession usually conducts
business. If the person on whom the subpoena is served objects at
any time before the production of the documents or things, the
documents or things will not be produced under this rule, and relief
may be obtained under rule 12.310.
(d) Ruling on Objection. If an objection is made by a party
under subdivision (b), the party desiring production may file a
motion with the court seeking a ruling on the objection or may
proceed under rule 12.310.
(e) Copies Furnished. If the subpoena is complied with by
delivery or mailing of copies as provided in subdivision (c), the party
receiving the copies may furnish a legible copy of each item
furnished to any other party who requests it upon the payment of
the reasonable cost of preparing the copies.
(f) Independent Action. This rule does not affect the right
of any party to bring an independent action for production of
documents and things or permission to enter on land.
Committee Note
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.
WITHOUT DEPOSITION
(a) Request; Scope. A party may seek inspection and
copying of any documents or things within the scope of rule
12.350(a) from a person who is not a party by issuance of a
subpoena directing the production of the documents or things when
the requesting party does not seek to depose the custodian or other
person in possession of the documents or things. This rule provides
the exclusive procedure for obtaining documents or things by
subpoena from nonparties without deposing the custodian or other
person in possession of the documents or things under rule 12.310.
(b) Procedure. A party desiring production under this rule
must serve notice as provided in Florida Rule of General Practice
and Judicial Administration 2.516 on every other party of the intent
to serve a subpoena under this rule at least 10 days before the
subpoena is issued if service is by delivery, facsimile, or e-mail and
15 days before the subpoena is issued if the service is by mail. The
proposed subpoena must be attached to the notice and must state
the time, place, and method for production of the documents or
things, and the name and address of the person who is to produce
the documents or things, if known, and if not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs; must include a designation of
the items to be produced; and must state that the person who will
be asked to produce the documents or things has the right to object
to the production under this rule and that the person will not be
required to surrender the documents or things. A copy of the notice
and proposed subpoena shall not be furnished to the person on
whom the subpoena is to be served. If any party serves an objection
to production under this rule within 10 days of service of the notice,
if service is by delivery, facsimile, or email or within 15 days if
services is by mail, the documents or things must not be produced
pending resolution of the objection in accordance with subdivision
(d).
(c) Subpoena. If no objection is made by a party under
subdivision (b), an attorney of record in the action may issue a
subpoena or the party desiring production must deliver to the clerk
for issuance a subpoena together with a certificate of counsel or pro
se party that no timely objection has been received from any party,
and the clerk must issue the subpoena and deliver it to the party
desiring production. Service within the state of Florida of a
nonparty subpoena is deemed sufficient if it complies with rule
12.410(d) or if (1) service is accomplished by mail or hand delivery
by a commercial delivery service, and (2) written confirmation of
delivery, with the date of service and the name and signature of the
person accepting the subpoena, is obtained and filed by the party
seeking production. The subpoena must be identical to the copy
attached to the notice and must specify that no testimony may be
taken and must require only production of the documents or things
specified in it. The subpoena may give the recipient an option to
deliver or mail legible copies of the documents or things to the party
serving the subpoena. The person on whom the subpoena is served
may condition the preparation of copies on the payment in advance
of the reasonable costs of preparing the copies. The subpoena may
require production only in the county of the residence of the
custodian or other person in possession of the documents or things
or in the county where the documents or things are located or
where the custodian or person in possession usually conducts
business. If the person on whom the subpoena is served objects at
any time before the production of the documents or things, the
documents or things will not be produced under this rule, and relief
may be obtained under rule 12.310.
(d) Ruling on Objection. If an objection is made by a party
under subdivision (b), the party desiring production may file a
motion with the court seeking a ruling on the objection or may
proceed under rule 12.310.
(e) Copies Furnished. If the subpoena is complied with by
delivery or mailing of copies as provided in subdivision (c), the party
receiving the copies may furnish a legible copy of each item
furnished to any other party who requests it upon the payment of
the reasonable cost of preparing the copies.
(f) Independent Action. This rule does not affect the right
of any party to bring an independent action for production of
documents and things or permission to enter on land.
Committee Note
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.