Florida Family Law Rule 12.410
RULE 12.410. SUBPOENA
(a) Subpoenas 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. No subpoena issued
under this rule, even if for the purpose of proof of service or
nonservice of the subpoena, shall be filed with the court unless in
compliance with Florida Rule of Judicial Administration 2.425.
(b) Subpoena for Testimony Before the Court.
(1) Every subpoena for testimony before the court must
be issued by an attorney of record in an action or by the clerk
under the seal of the court and must state the name of the court
and the title of the action and must 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, the clerk
must 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 must be filled in before service by the attorney or
party.
(c) For Production of Documentary Evidence.
(1) Generally. A subpoena may also command the
person to whom it is directed to produce the books, papers,
documents (including electronically stored information), or tangible
things designated therein, but the court, on motion made promptly
and in any event at or before the time specified in the subpoena for
compliance with it, may:
(A) quash or modify the subpoena if it is
unreasonable and oppressive, or
(B) 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 a 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 12.080(a). Such notice shall have the same effect
and be subject to the same limitations as a subpoena served on the
party.
(2) Compliance with Rule 2.425. Any notice to produce
issued under this rule must comply with Florida Rule of Judicial
Administration 2.425.
(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 on a
person named in it shall be made as provided by law. Proof of such
service shall be made by affidavit of the person making service
except as applicable under rule 12.351(c) for the production of
documents and things by a nonparty without deposition, 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 12.310(b) or 12.320(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 must state the
method for recording the testimony. A party intending to
audiovisually record a deposition must state in the subpoena that
the deposition is to be audiovisually recorded and identify the
method for audiovisually recording the deposition, including, if
applicable, the name and address of the operator of the audiovisual
recording equipment. If a party intends to take a deposition by
communication technology, the subpoena must state the deposition
is to be taken using communication technology, identify the specific
form of communication technology to be used, and provide
instructions for access to the communication technology. 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 12.280(c), but
in that event the subpoena will be subject to the provisions of rule
12.280(d) 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 in which 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 on 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 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 has the right to be accompanied by a parent, guardian,
guardian ad litem, or attorney ad litem at all times during the
taking of testimony notwithstanding the invocation of the rule of
sequestration of section 90.616, Florida Statutes, except on 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.
The provisions of this subdivision do not alter the requirements of
rule 12.407 that a court order must be obtained before a minor
child may be subpoenaed to appear at a hearing.
Committee Note
2008 Amendment. The provisions of Fla. R. Civ. P. 1.410(h)
do not alter the requirements of rule 12.407 that a court order must
be obtained before a minor child may be subpoenaed to appear at a
hearing.
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.
(a) Subpoenas 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. No subpoena issued
under this rule, even if for the purpose of proof of service or
nonservice of the subpoena, shall be filed with the court unless in
compliance with Florida Rule of Judicial Administration 2.425.
(b) Subpoena for Testimony Before the Court.
(1) Every subpoena for testimony before the court must
be issued by an attorney of record in an action or by the clerk
under the seal of the court and must state the name of the court
and the title of the action and must 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, the clerk
must 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 must be filled in before service by the attorney or
party.
(c) For Production of Documentary Evidence.
(1) Generally. A subpoena may also command the
person to whom it is directed to produce the books, papers,
documents (including electronically stored information), or tangible
things designated therein, but the court, on motion made promptly
and in any event at or before the time specified in the subpoena for
compliance with it, may:
(A) quash or modify the subpoena if it is
unreasonable and oppressive, or
(B) 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 a 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 12.080(a). Such notice shall have the same effect
and be subject to the same limitations as a subpoena served on the
party.
(2) Compliance with Rule 2.425. Any notice to produce
issued under this rule must comply with Florida Rule of Judicial
Administration 2.425.
(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 on a
person named in it shall be made as provided by law. Proof of such
service shall be made by affidavit of the person making service
except as applicable under rule 12.351(c) for the production of
documents and things by a nonparty without deposition, 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 12.310(b) or 12.320(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 must state the
method for recording the testimony. A party intending to
audiovisually record a deposition must state in the subpoena that
the deposition is to be audiovisually recorded and identify the
method for audiovisually recording the deposition, including, if
applicable, the name and address of the operator of the audiovisual
recording equipment. If a party intends to take a deposition by
communication technology, the subpoena must state the deposition
is to be taken using communication technology, identify the specific
form of communication technology to be used, and provide
instructions for access to the communication technology. 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 12.280(c), but
in that event the subpoena will be subject to the provisions of rule
12.280(d) 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 in which 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 on 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 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 has the right to be accompanied by a parent, guardian,
guardian ad litem, or attorney ad litem at all times during the
taking of testimony notwithstanding the invocation of the rule of
sequestration of section 90.616, Florida Statutes, except on 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.
The provisions of this subdivision do not alter the requirements of
rule 12.407 that a court order must be obtained before a minor
child may be subpoenaed to appear at a hearing.
Committee Note
2008 Amendment. The provisions of Fla. R. Civ. P. 1.410(h)
do not alter the requirements of rule 12.407 that a court order must
be obtained before a minor child may be subpoenaed to appear at a
hearing.
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.