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Subpoenas



BLACK’S LAW DICTIONARY DEFINES A SUBPOENA AS “a command to appear at a certain time and place to give testimony upon a certain matter. A subpoena duces tecum requires production of book, papers and other things.”

FLORIDA RULE OF CIVIL PROCEDURE 1.410(a) STATES that, “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.”

Other terminology:
A DEPOSITION, as defined by Black’s Law Dictionary, is “The testimony of a witness taken upon oral question or written interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court…A pretrial discovery device by which one party (through his or her attorney) asks oral questions of the other party or of a witness for the other party.”

A PRAECIPE is an order addressed to the clerk requesting the issuance of a subpoena.


Fees and Service:

SUBPOENA ISSUANCE FEES and FEES FOR OTHER SERVICES are set by Florida Statute and Pinellas County Ordinances, and are subject to change. The current witness and signing and sealing fees may be determined by calling one of the offices listed at the bottom of the page or by referring to the current "Schedule of Services Charges" online or a Fee Schedule brochure available in any of the Clerk's office locations. Clerk’s Offices where subpoenas may be issued.

SUBPOENAS MUST BE SERVED (i.e. hand-delivered) by a private Process Server, unless otherwise specified by the court.
For service outside of Pinellas County, please contact the Sheriff of the County where the subpoena is being served for additional information regarding service of court papers and fees for service.


Forms:

SMALL CLAIMS
  • SUBPOENA

  • This witness Subpoena must be served and is only used after a pre-trial hearing.
  • SUBPOENA DUCES TECUM FOR DEPOSITION
  • COUNTY OR CIRCUIT CIVIL

  • SUBPOENA

  • This witness Subpoena must be served and is only used after a pre-trial hearing.
  • SUBPOENA DUCES TECUM FOR DEPOSITION

  • The Florida Statutes (F.S.) and the Florida Rules of Civil Procedure (Fla.R.Civ.P.), Florida Rules of Criminal Procedure (Fla.R.Cr.P.) and the Florida Rules of Juvenile Procedure (Fla.R.Juv.P.) govern the procedures for issuing subpoenas in Civil, Criminal and Juvenile court cases.

    Each subpoena may involve specific requirements that must be met either before or when the subpoena is issued. Please see the subpoena chart below and read further about these requirements and the Florida Rules of Procedure that apply specifically to each type of subpoena on the chart.


    SUBPOENA TYPE AUTHORITY TO BE FILED TIME FRAME
    CIVIL DIVISION
    Subpoena for Deposition FLR.Civ.P.1.310 Notice of Taking Deposition NONE
    Subpoena Duces Tecum for Deposition FL.R.Civ.P.1.310 Notice of Taking Deposition NONE
    Subpoena Duces Tecum in Aid of Execution FL.R.Civ.P.1.560 Notice of Taking Deposition NONE
    Subpoena Duces Tecum without Deposition FL.R.Civ.P.1.351 Notice of Production 10 days if delivered - 15 days if mailed /e-mailed
    Subpoena Duces Tecum for Production from Non-Party FL.R.Civ.P.1.351 Notice of Production "  "
    Subpoena for Hearing/Trial FL.R.Civ.P.1.410 NONE NONE
    Subpoena Duces Tecum for Hearing/Trial FL.R.Civ.P.1.410 NONE NONE
    Foreign
    (out-of-state case)
    FS 92.251
    FL.R.Civ.P.1.410
    Notice of Taking Deposition or
    Notice of Production
    (if subpoena is for said act)
    -Motion for Commission
    -Order Granting Commission
    -Original Commission
    NOTE: Some states use a Rogatory instead of Commission. Also, they will have a Letter Rogatory instead of an Order Granting Commission and a Petition for Letter Rogatory instead of a Notice of Taking Deposition.
    NONE
    Foreign
    (local case w/subpoena to be issued in different state)
      Notice of Taking Deposition
    -Order Granting Motion for Commission
    NONE
    CRIMINAL DIVISION
    Witness Subpoena for Hearing/Trial FS914.001 NONE NONE
    Subpoena Duces Tecum for Hearing/Trial FS914.001 NONE NONE
    Witness Subpoena for Deposition FL.R.CRIM.P.3.220 NONE NONE
    Subpoena Duces Tecum for Deposition FL.R.CRIM.P.3.220
    A.O.97-98
    Order Granting Subpoena Duces Tecum for Deposition NONE
    JUVENILE DIVISION
    Delinquency (juvenile delinquent case) FL.R.JUV.P.8.040(c) NONE NONE
    Dependency (juvenile dependent on an adult) FL.R.JUV.P.8.255(a)(2) NONE NONE
     
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