Florida Rule of Civil Procedure 1.410 sets the requirements for issuing, serving, and enforcing subpoenas in civil cases: the subpoena must identify the court and case, state precisely what the recipient must do and when, be issued by the clerk or an attorney of record, be served by someone authorized to do so, and be accompanied by the statutory witness fee and mileage. Fall short on any of these, and the recipient has grounds to object or move to quash.
What a Valid Subpoena Must Contain
Every Florida subpoena has to name the court where the case is pending, give the full case title, and list the case number. It has to tell the recipient exactly when and where to appear or produce materials. If any of that is missing, the recipient can challenge the subpoena or refuse to comply.
The document also has to specify what the recipient owes. For testimony, it directs the person to attend at a set time and place. For records or electronically stored information, it describes the materials with enough specificity that the recipient can figure out what’s being asked for.
Who Can Issue a Subpoena
Two people can issue a subpoena in a Florida civil case: the clerk of court, and any attorney of record in the action. An attorney can draft, sign, and issue the subpoena directly. A party or attorney can also ask the clerk orally for a subpoena that comes back signed and sealed but otherwise blank, and then fill in the recipient’s name, the case details, and the compliance instructions before serving it. Both routes are standard.
Serving the Subpoena Correctly
A subpoena can be served by any person authorized by Florida law to serve process, or by any non-party who is at least 18 years old. Anyone other than an authorized officer must then file an affidavit of service consistent with section 92.525 of the Florida Statutes.1The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.202, 1.410, 1.442, 1.490, 1.630, 1.914, 1.924, 1.944, 1.977, and 1.981 When a certified officer handles service, no affidavit is required.
Where a Witness Can Be Compelled to Appear
For depositions, a witness can only be compelled to attend in person in the county where they live, work, or regularly conduct business. A court order can direct attendance elsewhere, but without one, a deposition subpoena that sets the location outside those counties is defective and the recipient can refuse to comply.1The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.202, 1.410, 1.442, 1.490, 1.630, 1.914, 1.924, 1.944, 1.977, and 1.981
Reasonable Notice
Rule 1.410 doesn’t set a minimum number of days between service and the compliance date, but the subpoena has to give the recipient enough time to reasonably comply. Serving a subpoena the day before a deposition invites a motion to quash. Courts weigh what’s reasonable against the volume of documents requested, the distance the witness must travel, and the other circumstances of the case.
Witness Fees and Mileage
Florida requires the party issuing the subpoena to pay every subpoenaed witness. Under section 92.142 of the Florida Statutes, the daily attendance fee is $5, and the witness receives 6 cents per mile for the round trip to and from the court or deposition location.2Justia Law. Florida Statutes 92.142 – Witnesses; Pay The amounts are small, and they haven’t been updated in a long time, but the obligation is real. Failing to tender the fee gives the recipient grounds to challenge the subpoena, so include it with service or arrange to pay promptly.
Testimony, Documents, or Both
Florida subpoenas fall into two categories, and a single subpoena can combine them. A subpoena for testimony requires the recipient to appear and answer questions at a deposition, hearing, or trial. A subpoena for documents (sometimes called a subpoena duces tecum) requires the recipient to produce specific records, physical items, or electronically stored information.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure
An adverse party can also be compelled to bring evidence to trial without a formal subpoena, through a notice to produce served under Florida Rule of General Practice and Judicial Administration 2.516. That notice carries the same force as a subpoena served directly on the party.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure
Responding to a Document Subpoena
When you receive a subpoena for documents, you have to make a genuine effort to locate and produce what’s described. If the request covers electronically stored information but doesn’t specify a format, produce it in the form you ordinarily keep it or in another reasonably usable format.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure
Objecting to the Request
If you believe the request is improper, serve a written objection within 10 days of receiving the subpoena, or by the compliance date if that comes first. Once a timely objection is served, the requesting party cannot inspect the documents unless a court orders otherwise.4The Florida Bar. Florida Rules of Civil Procedure Rule 1.410 The objection freezes production until the dispute is resolved.
Electronically Stored Information
A recipient who believes retrieving certain electronic data would be unreasonably expensive or burdensome can object specifically on those grounds. If the requesting party files a motion to compel, the burden shifts to the recipient to show why the information isn’t reasonably accessible. The court can still order production on a showing of good cause, but it may require the requesting party to cover some or all of the production costs.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure
Withholding Privileged Documents
If responsive materials include documents protected by attorney-client privilege, work product doctrine, or another recognized privilege, you don’t simply produce them. Under Florida Rule of Civil Procedure 1.280(b)(6), you have to expressly claim the privilege and describe the withheld documents in enough detail that the other parties can evaluate the claim, without revealing the protected content itself. In practice, that means a privilege log listing each withheld document’s date, author, recipients, subject matter, and the specific privilege being asserted.
Special Situations Rule 1.410 Doesn’t Cover Alone
Rule 1.410 governs the mechanics of the subpoena itself, but several common scenarios pull in other rules or statutes that you’ll need to follow at the same time.
Medical Records
Medical records carry extra federal and state privacy protections. Under HIPAA, a provider that receives a subpoena from an attorney or clerk (rather than a direct court order signed by a judge) cannot simply produce the records. The requesting party must give satisfactory assurance that the patient was notified and given a chance to object, or that a qualified protective order was obtained.5HHS.gov. Court Orders and Subpoenas Section 456.057 of the Florida Statutes adds a state layer, generally requiring written authorization or proper notice to the patient before records can be released under subpoena.
Subpoenas to Organizations
When the target is a corporation, government agency, or other organization, Florida Rule of Civil Procedure 1.310(b)(6) requires the party issuing the subpoena or deposition notice to describe the topics with reasonable specificity. The organization then designates one or more representatives to testify knowledgeably, and it must prepare that witness using internal records, employee interviews, and any other available sources. The designated witness doesn’t need personal knowledge of the underlying events.
Documents From a Non-Party Without a Deposition
If you only need documents from a non-party and don’t need testimony, Florida Rule of Civil Procedure 1.351 offers a streamlined alternative to a full Rule 1.410 subpoena. You serve a notice on every other party, attaching the proposed subpoena, at least 10 days before it issues (15 days if served by mail or email). If no party objects within 10 days, the attorney of record can issue the subpoena directly, or the party can submit it to the clerk with a certificate confirming no objections. The subpoena must state that no testimony will be taken, and it can offer the recipient the option to mail legible copies rather than appear in person.
Out-of-State Witnesses
A Florida subpoena has force only inside Florida. To reach a witness or documents in another state, you domesticate the Florida subpoena through the Uniform Interstate Depositions and Discovery Act, adopted at section 92.251 of the Florida Statutes. You present the Florida subpoena to the clerk of court in the county of the other state, and that clerk issues a local subpoena incorporating its terms.6Florida Senate. Florida Statutes Chapter 92 Section 251 Requesting the subpoena doesn’t count as appearing in the other state, so a Florida attorney doesn’t need pro hac vice admission just to make the request. If a dispute arises, though, a lawyer licensed in the other state will typically handle it.
Challenging a Subpoena
A recipient who believes a subpoena is defective, overbroad, or oppressive can file a motion to quash or modify it. The motion has to be made promptly, at or before the compliance deadline stated in the subpoena.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure Waiting until after the deadline is almost always too late.
Grounds that regularly succeed include:
- Unreasonable or oppressive scope, where the demand covers so many documents or so long a period that compliance would be extraordinarily burdensome.
- Privileged information, where the subpoena reaches materials protected by attorney-client privilege, work product, or another recognized privilege.
- Inadequate notice, where the compliance date leaves no reasonable time to respond.
- Improper form or service, where the subpoena is missing required content or was served by someone not authorized to do so.
Even when a court finds a subpoena unduly burdensome, it doesn’t always quash outright. It can instead deny the motion on condition that the requesting party advance the reasonable costs of production.3Justia Law. In Re Amendments to Florida Rules of Civil Procedure The recipient still produces, but the other side pays.
What Happens if You Ignore a Subpoena
Ignoring a properly served subpoena is a fast path to a contempt finding. If the recipient fails to appear or produce without a legally adequate excuse, the issuing party can ask the court for an order compelling compliance, and the court can hold the recipient in contempt, impose fines, and order payment of the opposing party’s attorney’s fees spent on enforcement.4The Florida Bar. Florida Rules of Civil Procedure Rule 1.410 In extreme cases, a person held in contempt for refusing to comply can be jailed until they cooperate.7The Florida Legislature. Florida Statutes 68.0831 – Subpoena If you think a subpoena is improper, file a motion to quash before the deadline. Not showing up is never the right move.