To domesticate a foreign subpoena in Florida, you take the subpoena issued by the out-of-state court and submit it, along with a written request, to the Clerk of the Circuit Court in the Florida county where the witness lives or works or where the documents are kept. The clerk then issues a Florida subpoena that mirrors the foreign one. This is a ministerial filing under Florida’s Uniform Interstate Depositions and Discovery Act, Section 92.251 of the Florida Statutes, and no Florida judge needs to be involved unless someone fights the subpoena later.1The Florida Legislature. Florida Code 92.251 – Uniform Interstate Depositions and Discovery Act
One boundary to flag up front: the UIDDA covers civil proceedings only. Criminal matters are excluded, and prosecutors or defense attorneys reaching into Florida have to use interstate compacts or letters rogatory instead.1The Florida Legislature. Florida Code 92.251 – Uniform Interstate Depositions and Discovery Act
What You Need Before You File
You need a valid subpoena issued by a court of record in the trial state. The clerk cannot act without it, and the Florida subpoena the clerk issues has to incorporate the terms used in the foreign subpoena, so whatever topics, document categories, or limits appear in the original will carry forward into the Florida version.2The Florida Legislature. The Florida Legislature. Florida Code 92.251
Alongside the foreign subpoena, prepare a written request addressed to the clerk. The statute requires it to list the names, addresses, and telephone numbers of every attorney of record in the underlying case, plus the contact information for any unrepresented party.1The Florida Legislature. Florida Code 92.251 – Uniform Interstate Depositions and Discovery Act
Pick the right county. A Florida subpoena can be issued only by the clerk in the county where the discovery will actually take place, which means the county where the witness resides, is employed, or transacts business in person, or where the documents or property are located. Check that county clerk’s website before you submit; some offer their own UIDDA subpoena form, others expect you to draft the Florida subpoena and let them sign and seal it. Local formatting quirks are the most common reason first submissions get bounced back.
Filing and Fees
Submit the foreign subpoena and your written request to the clerk. The clerk’s role is purely ministerial: no review of the merits, the proportionality, or the reasonableness of the request. If the papers are in order, the Florida subpoena issues.1The Florida Legislature. Florida Code 92.251 – Uniform Interstate Depositions and Discovery Act
Under Section 28.24 of the Florida Statutes, the clerk charges $7.00 when it prepares, signs, and seals the subpoena, and $2.00 when you prepare it yourself and the clerk only signs and seals.3The Florida Legislature. Florida Code 28.24 – Filing Fees Some counties bundle both charges and collect $9.00.4Hillsborough County Clerk of Court & Comptroller. Subpoena Issued Pursuant to UIDDA Accepted payment methods vary by county; most take certified checks, credit cards, or e-filing portal payments. Turnaround is usually a few business days.
The subpoena the clerk issues can command deposition testimony, production of documents and electronically stored information, inspection of premises, or any combination of those in a single document.1The Florida Legislature. Florida Code 92.251 – Uniform Interstate Depositions and Discovery Act
Can an Out-of-State Attorney Do This Without Local Counsel?
Yes, for the filing itself. Submitting the request to a Florida clerk is not a court appearance, so an out-of-state attorney does not need pro hac vice admission or Florida co-counsel just to domesticate the subpoena.5American Bar Association. The UIDDA and How It Affects the Out-Of-State Subpoena Process for State Cases
That changes the moment the subpoena is contested. If the recipient moves to quash or you need to move to compel, you are now before a Florida circuit judge and the out-of-state attorney will need pro hac vice admission or Florida-licensed counsel to handle it. If you have any reason to expect a fight, line up local counsel before you serve.
Serving the Florida Subpoena
Service has to comply with Florida law and the Florida Rules of Civil Procedure. Under Rule 1.410, a subpoena may be served by any person authorized by law to serve process, such as a sheriff or certified process server, or by any non-party who is at least 18 years old. The server files proof of service by affidavit unless the server is an officer authorized by law.6The Florida Bar. Florida Rules of Civil Procedure – Rule 1.410 Subpoena
Tender the witness fee at the time of service. Florida sets the rate at $5.00 per day of actual attendance plus $0.06 per mile for travel to and from the place of examination.7The Florida Legislature. Florida Code 92.142 – Witnesses Pay The amounts are small, but skipping them gives the witness a clean procedural challenge.
Where the deposition takes place matters. A witness can only be required to attend in the county where the witness resides, is employed, or transacts business in person, unless a court orders otherwise.6The Florida Bar. Florida Rules of Civil Procedure – Rule 1.410 Subpoena You cannot drag a Miami-Dade witness up to Pensacola without a judge’s order.
If the Witness Objects or Refuses
Once the subpoena is served, Florida’s discovery rules govern it, and the recipient gets the same protections as the recipient of any Florida-issued subpoena.1The Florida Legislature. Florida Code 92.251 – Uniform Interstate Depositions and Discovery Act For a document subpoena, the recipient has 10 days after service to serve written objections. If objections come in on time, you cannot inspect or copy the materials without a court order.6The Florida Bar. Florida Rules of Civil Procedure – Rule 1.410 Subpoena
The recipient can also move to quash the subpoena or seek a protective order. Any such motion is filed in the Florida circuit court for the county where the discovery is to be conducted, not in the trial court that issued the original subpoena.1The Florida Legislature. Florida Code 92.251 – Uniform Interstate Depositions and Discovery Act Typical grounds include privilege, undue burden, or inadequate time to comply. A Florida judge decides the challenge under Florida law.
If a witness simply ignores a properly served subpoena, you can go to that same Florida circuit court and ask for an order compelling compliance. The Florida-issued subpoena carries full court authority, so a defiant witness faces the same contempt exposure as in any Florida case. For certain records requests directed at Florida businesses, the statute authorizes indirect criminal contempt with fines from $100 to $1,000 per day for up to 60 days.8Florida Senate. Florida Code Chapter 92 – Witnesses, Records, and Documents Enforcement happens in Florida, in front of the same court that issued the subpoena, which is what makes the UIDDA faster than the older letter rogatory route.