Florida Juvenile Procedure Rule 8.041 - WITNESS ATTENDANCE AND SUBPOENAS | Syfert Law

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Florida Juvenile Procedure Rule 8.041

RULE 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.

Cases Citing Rule 8.041

Total Results: 2

Amendments to the Florida Rules of Juvenile Procedure

898 So. 2d 47, 30 Fla. L. Weekly Supp. 135, 2005 Fla. LEXIS 382, 2005 WL 486598

Supreme Court of Florida | Filed: Mar 3, 2005 | Docket: 64837322

Published

amending the following three rules and two forms: Rule 8.041, Witness Attendance and Subpoenas, Rule 8.225

Category: Juvenile Procedure

Amendments to the Rules of Juvenile Procedure

783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956

Published

v. State, 736 So.2d 151 (Fla. 1st DCA 1999). RULE 8.041 WITNESS ATTENDANCE AND SUBPOENAS (a) Attendance

Category: Juvenile Procedure