Florida Rule of Criminal Procedure 3.361 - WITNESS ATTENDANCE AND SUBPOENAS | Syfert Law

Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

Florida Rule of Criminal Procedure 3.361

RULE 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.

X. CONDUCT OF TRIAL; JURY INSTRUCTIONS

Cases Citing Rule 3.361

Total Results: 8

Amends. to Fl. Rules of Crim. Proc.

685 So. 2d 1253

Supreme Court of Florida | Filed: Nov 27, 1996 | Docket: 1735082

Cited 22 times | Published

an expert who has examined the defendant. New rule 3.361, Attendance of Witnesses, authorizes the court

Category: Criminal Procedure

Wilcox v. State

143 So. 3d 359, 39 Fla. L. Weekly Supp. 309, 2014 WL 1809636, 2014 Fla. LEXIS 1557

Supreme Court of Florida | Filed: May 8, 2014 | Docket: 60242309

Cited 11 times | Published

lawyer” to secure the attendance of witnesses, when rule 3.361(a) states that subpoenas may be issued only by

Category: Criminal Procedure

Watson v. State

989 So. 2d 699, 2008 WL 3850869

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 1665229

Cited 1 times | Published

succeeding term of court until the case is terminated. Rule 3.361(d) also provides that a subpoenaed witness "shall

Category: Criminal Procedure

In Re: Amendments to Florida Rule of Juvenile Procedure 8.245

Supreme Court of Florida | Filed: Jun 26, 2025 | Docket: 70639984

Published

not be consistent with those rules. See Fla. R. Crim. P. 3.361(c)(1); Fla. R. Civ. P. 1.351(b); Fla.

Category: Criminal Procedure

Keith Williams v. The State of Florida

District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68886719

Published

to all of the sheriffs of the state.”); Fla. R. Crim. P. 3.361(a) (“Subpoenas for testimony before the

Category: Criminal Procedure

Darious Wilcox v. State of Florida

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400988

Published

lawyer” to secure the attendance of witnesses, when rule 3.361(a) states that subpoenas may be issued only by

Category: Criminal Procedure

Amendments to the Florida Rules of Criminal Procedure

837 So. 2d 924, 27 Fla. L. Weekly Supp. 1011, 2002 Fla. LEXIS 2580, 2002 WL 31718857

Supreme Court of Florida | Filed: Dec 5, 2002 | Docket: 64820841

Published

of acquittal or motion for new trial. Finally, rule 3.361, Witness Attendance and Subpoenas, is amended

Category: Criminal Procedure

Amendment to Florida Rules of Criminal Procedure 3.220(h) & 3.361

724 So. 2d 1162, 24 Fla. L. Weekly Supp. 605, 1998 Fla. LEXIS 2213, 1998 WL 830663

Supreme Court of Florida | Filed: Dec 3, 1998 | Docket: 64785832

Published

The committee also proposes an amendment to rule 3.361 which conforms the rule with civil rule 1.410

Category: Criminal Procedure