Florida Jimmy Ryce Rule 4.410
RULE 4.410. 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. 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. 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 4.070(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 4.310(b) 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 4.280(b), but in that event the subpoena will be
subject to the provisions of rule 4.280(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
contempt of the court from which the subpoena issued.
(g) 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.
(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. 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. 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 4.070(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 4.310(b) 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 4.280(b), but in that event the subpoena will be
subject to the provisions of rule 4.280(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
contempt of the court from which the subpoena issued.
(g) 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.