Fla. R. Civ. P. 1.351

Production of Documents Without Deposition (Nonparty)

sha256 e1005b8210d0b59764240a9273f7055f… · retrieved 7/11/2026, 11:08:26 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.351. 	PRODUCTION OF DOCUMENTS AND THINGS
WITHOUT DEPOSITION
(a) 	Request; Scope. A party may seek inspection and
copying of any documents or things within the scope of rule
1.350(a) from a person who is not a party by issuance of a
subpoena directing the production of the documents or things when
the requesting party does not seek to depose the custodian or other
person in possession of the documents or things. This rule provides
the exclusive procedure for obtaining documents or things by
subpoena from nonparties without deposing the custodian or other
person in possession of the documents or things pursuant to rule
1.310.
(b) 	Procedure. A party desiring production under this rule
may not cause a subpoena to be issued until 10 days after notice by
delivery or e-mail service (15 days after notice by mail service) on
every other party of the intent to serve a subpoena. If the notice is
served with original process, the subpoena shall not issue earlier
than 45 days after service on the last-served party. The proposed
subpoena shall be attached to the notice and shall state the time,
place, and method for production of the documents or things, and
the name and address of the person who is to produce the
documents or things, if known, and if not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs; shall include a designation of
the items to be produced; and shall state that the person who will
be asked to produce the documents or things has the right to object
to the production under this rule and that the person will not be
required to surrender the documents or things. A copy of the notice
and proposed subpoena shall not be furnished to the person upon
whom the subpoena is to be served. If any party serves an objection
to production under this rule within 10 days of service by delivery
or e-mail of the notice, (15 days if service by U.S. mail), or within 45

days of service of process if the notice is served with original
process, the documents or things shall not be produced pending
resolution of the objection in accordance with subdivision (d).
(c) 	Subpoena. If no objection is made by a party under
subdivision (b), an attorney of record in the action may issue a
subpoena or the party desiring production shall deliver to the clerk
for issuance a subpoena together with a certificate of counsel or pro
se party that no timely objection has been received from any party,
and the clerk shall issue the subpoena and deliver it to the party
desiring production. Service within the state of Florida of a
nonparty subpoena shall be deemed sufficient if it complies with
rule 1.410(d) or if (1) service is accomplished by mail or hand
delivery by a commercial delivery service, and (2) written
confirmation of delivery, with the date of service and the name and
signature of the person accepting the subpoena, is obtained and
filed by the party seeking production. The subpoena shall be
identical to the copy attached to the notice and shall specify that no
testimony may be taken and shall require only production of the
documents or things specified in it. The subpoena may give the
recipient an option to deliver or mail legible copies of the documents
or things to the party serving the subpoena. The person upon whom
the subpoena is served may condition the preparation of copies on
the payment in advance of the reasonable costs of preparing the
copies. The subpoena shall require production only in the county of
the residence of the custodian or other person in possession of the
documents or things or in the county where the documents or
things are located or where the custodian or person in possession
usually conducts business. If the person upon whom the subpoena
is served objects at any time before the production of the
documents or things, the documents or things shall not be
produced under this rule, and relief may be obtained pursuant to
rule 1.310.
(d) 	Ruling on Objection. If an objection is made by a party
under subdivision (b), the party desiring production may file a
motion with the court seeking a ruling on the objection or may
proceed pursuant to rule 1.310.

(e) 	Copies Furnished. If the subpoena is complied with by
delivery or mailing of copies as provided in subdivision (c), the party
receiving the copies shall furnish a legible copy of each item
furnished to any other party who requests it upon the payment of
the reasonable cost of preparing the copies.
(f) 	Independent Action. This rule does not affect the right
of any party to bring an independent action for production of
documents and things or permission to enter upon land.
Committee Notes
1980 Adoption. This rule is designed to eliminate the need of
taking a deposition of a records custodian when the person seeking
discovery wants copies of the records only. It authorizes objections
by any other party as well as the custodian of the records. If any
person objects, recourse must be had to rule 1.310.
1996 Amendment. This rule was amended to avoid
premature production of documents by nonparties, to clarify the
clerk’s role in the process, and to further clarify that any objection
to the use of this rule does not contemplate a hearing before the
court but directs the party to rule 1.310 to obtain the desired
production. This amendment is not intended to preclude all
communication between parties and nonparties. It is intended only
to prohibit a party from prematurely sending to a nonparty a copy
of the required notice or the proposed subpoena. This rule was also
amended along with rule 1.410 to allow attorneys to issue
subpoenas. See Committee Note for rule 1.410.
2007 Amendment. Subdivisions (b) and (d) were amended to
permit a party seeking nonparty discovery to have other parties’
objections resolved by the court.
2010 Amendment. Subdivision (a) is amended to clarify that
the procedure set forth in rule 1.351, not rule 1.310, shall be
followed when requesting or receiving documents or things, without
testimony, from nonparties pursuant to a subpoena.

2012 Amendment. Subdivision (b) is amended to include e-
mail service as provided in Fla. R. Jud. Admin. 2.516.

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