Fla. R. Civ. P. 1.410

Subpoena

sha256 5561df0a35d0e859cdda824afbcaf70d… · 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 1.410. 	SUBPOENA
(a) 	Subpoena Generally. 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.
(b) 	Subpoena for Testimony before the Court.
(1) 	Every subpoena for testimony before the court must
be issued by an attorney of record in an action or by the clerk
under the seal of the court and must state the name of the court
and the title of the action and must command each person to whom
it is directed to attend and give testimony at a time and place
specified in it.
(2) 	On oral request of an attorney or party, the clerk
must issue a subpoena for testimony before the court or a
subpoena for the production of documentary evidence before the
court signed and sealed but otherwise in blank, both as to the title
of the action and the name of the person to whom it is directed, and
the subpoena must be filled in before service by the attorney or
party.
(c) 	For Production of Documentary Evidence. A subpoena
may also command the person to whom it is directed to produce the
books, documents (including electronically stored information), or
designated tangible things, but the court, on motion made promptly
and in any event at or before the time specified in the subpoena for
compliance, 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, documents, or tangible
things.
If a subpoena does not specify a form for producing electronically
stored information, the person responding must produce it in a
form or forms in which it is ordinarily maintained or in a reasonably
usable form or forms. A person responding to a subpoena may
object to discovery of electronically stored information from sources

that the person identifies as not reasonably accessible because of
undue costs or burden. On motion to compel discovery or to quash,
the person from whom discovery is sought must show that the
information sought or the form requested is not reasonably
accessible because of undue costs or burden. If that showing is
made, the court may nonetheless order discovery from the sources
or in the forms requested if the requesting party shows good cause,
considering the limitations set out in rule 1.280(e)(2). The court
may specify conditions of the discovery, including ordering that
some or all of the expenses of the discovery be paid by the party
seeking the discovery. A party seeking a production of evidence at
trial that would be subject to a subpoena may compel production
by serving a notice to produce the evidence on an adverse party as
provided in Florida Rule of General Practice and Judicial
Administration 2.516. The notice has the same effect and is subject
to the same limitations as a subpoena served on the party.
(d) 	Service. A subpoena may be served by any person
authorized by law to serve process or by any other person who is
not a party and who is not less than 18 years of age. Service of a
subpoena on a person named within must be made as provided by
law. The proof of service must be made by affidavit of the person
making service except as applicable under rule 1.351(c) for the
production of documents and things by a nonparty without
deposition, if not served by an officer authorized by law to do so.
(e) 	Subpoena for Taking Depositions.
(1) 	Filing a notice to take a deposition as provided in
rule 1.310(b) or 1.320(a) with a certificate of service showing service
on all parties to the action authorizes the clerk or any attorney of
record to issues subpoenas to persons named in the notice. The
subpoena must state the method for recording the testimony. A
party intending to audiovisually record a deposition must state in
the subpoena that the deposition is to be audiovisually recorded
and identify the method for audiovisually recording the deposition,
including, if applicable, the name and address of the operator of the
audiovisual recording equipment. If a party intends to take a
deposition by communication technology, the subpoena must state

the deposition is to be taken using communication technology,
identify the specific form of communication technology to be used,
and provide instructions for access to the communication
technology. The subpoena may command the person to whom it is
directed to produce designated books, documents, or tangible
things that constitute or contain evidence relating to any of the
matters within the scope of the examination permitted by rule
1.280(c), but in that event the subpoena will be subject to the
provisions of rule 1.280(d) and subdivision (c) of this rule. Within
10 days after its service, or on or before the time specified in the
subpoena for compliance if the time is less than 10 days after
service, the person to whom the subpoena is directed may serve a
written objection to inspecting or copying of any of the designated
materials. If objection is made, the party serving the subpoena will
not be entitled to inspect and copy the materials except under an
order of the court from which the subpoena was issued. If objection
has been made, the party serving the subpoena may move for an
order at any time before or during the taking of the deposition on
notice to the deponent.
(2) 	A person may be required to attend an examination
only in the county wherein the person resides or is employed or
transacts business in person or at another convenient place as may
be fixed by an order of court.
(f) 	Contempt. Failure by any person without adequate
excuse to obey a subpoena served on that person may be deemed in
contempt of the court from which the subpoena issued.
(g) 	Depositions before Commissioners Appointed in this
State by Courts of Other States; Subpoena Powers; etc. When
any person authorized by the laws of Florida to administer oaths is
appointed by a court of record of any other state, jurisdiction, or
government as commissioner to take the testimony of any named
witness within this state, that witness may be compelled to attend
and testify before that commissioner by witness subpoena issued by
the clerk of any circuit court at the instance of that commissioner
or by other process or proceedings in the same manner as if that
commissioner had been appointed by a court of this state; provided

that no document will be compulsorily annexed as an exhibit to the
deposition or otherwise permanently removed from the possession
of the witness producing it, but in its place, a photostatic copy may
be annexed to and transmitted with the executed commission to the
court of issuance.
(h) 	Subpoena of Minor. Any minor subpoenaed for
testimony has the right to be accompanied by a parent or guardian
at all times during the taking of testimony notwithstanding the
invocation of the rule of sequestration of section 90.616, Florida
Statutes, except on a showing that the presence of a parent or
guardian is likely to have a material, negative impact on the
credibility or accuracy of the minor’s testimony, or that the interests
of the parent or guardian are in actual or potential conflict with the
interests of the minor.
Committee Notes
1972 Amendment. Subdivisions (a) and (d) are amended to
show the intent of the rule that subpoenas for deposition may not
be issued in blank by the clerk, but only for trial. The reason for the
distinction is valid. A subpoena for appearance before the court is
not subject to abuse because the court can correct any attempt to
abuse the use of blank subpoenas. Since a judge is not present at a
deposition, additional protection for the parties and the deponent is
required and subpoenas should not be issued in blank. Subdivision
(d) is also modified to conform with the revised federal rule on
subpoenas for depositions to permit an objection by the deponent to
the production of material required by a subpoena to be produced.
1980 Amendment. Subdivision (c) is revised to conform with
section 48.031, Florida Statutes (1979).
1996 Amendment. This rule is amended to allow an attorney
(as referred to in Fla. R. Jud. Admin. 2.060(a)B(b)), as an officer of
the court, and the clerk to issue subpoenas in the name of the
court. This amendment is not intended to change any other
requirement or precedent for the issuance or use of subpoenas. For
example, a notice of taking the deposition must be filed and served
before a subpoena for deposition may be issued.

2012 Amendment. Subdivision (c) is amended to reflect the
relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin.
2.516.
2012 Amendment. Subdivision (c) is amended to address the
production of electronically stored information pursuant to a
subpoena. The procedures for dealing with disputes concerning the
accessibility of the information sought or the form for its production
are intended to correspond to those set out in Rule 1.280(d).

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