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Subpoena Domestication in Florida | UIDDA § 92.251 F.S. | Served 123 LLC

Florida Rule 1.351: The Notice Period That Catches Out-of-State Attorneys Off Guard

When your Florida subpoena seeks document production from a non-party without a deposition, Florida Rule of Civil Procedure 1.351 requires that a notice of non-party production be served on all parties first. The subpoena cannot be issued until 10 days after service by delivery or email, or 15 days after service by U.S. mail. This is one of the most frequently missed requirements in Florida UIDDA matters — failing to observe it can result in the subpoena being challenged or the production set aside. Served 123 LLC tracks and coordinates this notice period as a standard part of every document production order in Florida.

Florida UIDDA Overview

Subpoena Domestication in Florida

Florida adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at § 92.251, Florida Statutes, effective July 1, 2019. It replaced Florida's prior Uniform Foreign Depositions Law and eliminated the need for commissions or orders from the originating court. All Florida law and rules of civil procedure govern subpoenas issued under § 92.251.

To domesticate a foreign subpoena in Florida, a party submits the foreign subpoena and a completed Florida subpoena form — which must incorporate verbatim the terms of the foreign subpoena and include the names, addresses, and telephone numbers of all counsel of record and unrepresented parties — to the Clerk of the Circuit Court in the county where discovery is sought. With 67 counties, Florida has the largest county footprint of any state we serve.

The filing fee is low: $2.00 if you prepare the Florida subpoena form yourself (issuance fee per § 28.24(18)(b), F.S.), or $9.00 total ($7.00 preparation + $2.00 issuance per § 28.24(18)(a) & (b), F.S.) if the clerk prepares the form. Once issued, service must comply with Florida law and the Florida Rules of Civil Procedure, including Rule 1.410 and the service provisions of Chapter 48, F.S.

⚠️ Florida Rule 1.351 — Document Production Notice Period: If your subpoena seeks document production from a non-party without a deposition, a notice of non-party production must be served on all parties before the subpoena issues. The subpoena cannot be issued until 10 days after service by delivery or email, or 15 days after service by U.S. mail. This requirement applies even after UIDDA adoption. Served 123 LLC coordinates this notice period as standard on every applicable Florida order.
ℹ️ No Local Florida Counsel Required: Under § 92.251 F.S., out-of-state attorneys may domesticate subpoenas in Florida without retaining a Florida-licensed attorney. Filing does not constitute an appearance in Florida courts. No hearing, judge involvement, or court order is required — the clerk issues the subpoena ministerially upon receipt of a compliant submission.
Civil Cases Only — Criminal Excluded: § 92.251(8) F.S. expressly provides that the Florida UIDDA does not apply to criminal proceedings. Florida's UIDDA covers civil cases only. For criminal subpoena matters, different procedures apply.
Florida Filing Fee Options

You Prepare the Form

$2

Submit your own completed Florida subpoena form. The clerk charges $2.00 for issuance only.

§ 28.24(18)(b), F.S.

Clerk Prepares the Form

$9

Clerk prepares the Florida subpoena form ($7.00) plus issuance fee ($2.00) = $9.00 total.

§ 28.24(18)(a) & (b), F.S.

Florida UIDDA Statutory Authority

  • § 92.251(1) F.S.: Short title — Uniform Interstate Depositions and Discovery Act; effective July 1, 2019; replaced Uniform Foreign Depositions Law
  • § 92.251(2) F.S.: Definitions — "foreign subpoena," "issuing state," "discovery state," "subpoena" (includes deposition, documents, ESI, premises inspection)
  • § 92.251(3) F.S.: Issuance — file foreign subpoena + Florida form with Clerk of Circuit Court in county of discovery; filing ≠ court appearance; no commission required
  • § 92.251(4) F.S.: Service — per Florida law and Florida Rules of Civil Procedure (Rule 1.410; Chapter 48, F.S.)
  • § 92.251(5) F.S.: Florida law and rules govern all subpoenas issued under this section
  • § 92.251(6) F.S.: Motions to quash, modify, enforce, or for protective orders — filed in Circuit Court in county where discovery is to occur
  • § 92.251(8) F.S.: Does not apply to criminal proceedings
  • Fla. R. Civ. P. 1.351: Non-party document production notice: 10 days (delivery/email) or 15 days (mail) must pass before subpoena issues
  • Fla. R. Civ. P. 1.410: Florida subpoena issuance and service rules; governs method and content requirements
  • § 28.24(18), F.S.: Filing fees: $2 (issuance only) or $7 + $2 = $9 (clerk preparation + issuance)

Florida UIDDA Quick Facts

  • Adopted: July 1, 2019 (§ 92.251, Florida Statutes)
  • Replaced: Uniform Foreign Depositions Law
  • Court: Clerk of Circuit Court (county of discovery)
  • 67 counties — largest state footprint we serve
  • Filing fee: $2 (self-prepared form) or $9 (clerk-prepared)
  • No local Florida counsel required
  • Filing ≠ court appearance — no judge required
  • Rule 1.351 notice period for document-only subpoenas
  • Service per Rule 1.410 & Chapter 48, F.S.
  • Civil cases only — criminal excluded (§ 92.251(8))
  • Florida law governs all issued subpoenas
  • Objections filed in Circuit Court in county of discovery

Statewide Coverage — All 67 Counties & All 20 Judicial Circuits

Served 123 LLC files with the Clerk of the Circuit Court and coordinates licensed process server service in every one of Florida's 67 counties — from Miami-Dade, Broward, and Palm Beach in the south, to Hillsborough, Orange, and Duval in Central and North Florida, to Escambia and Bay in the Panhandle. No matter where your witness or records custodian is located in Florida, we handle it. There is no county we do not cover.

Step-by-Step

How It Works in Florida

From intake to affidavit — Florida's UIDDA process under § 92.251 F.S., including Rule 1.351 notice period coordination for document production matters.

1

Submit Your Foreign Subpoena

Use the order form at the top of this page or email info@served123.com. Include the originating state, the Florida county where the recipient is located, and your foreign subpoena as a PDF. Specify whether you need deposition testimony, document production, or both — this determines whether Rule 1.351 notice periods apply to your matter.

2

Rule 1.351 Notice Coordination (Document-Only Subpoenas)

If your subpoena seeks document production without a deposition, we coordinate the service of the required notice of non-party production on all parties before filing the subpoena. Per Florida Rule 1.351, the subpoena cannot issue until 10 days after service by delivery or email, or 15 days after service by U.S. mail. We track this timeline and file at the earliest permissible moment.

3

Florida Subpoena Form Preparation

We prepare the Florida subpoena form per § 92.251(3) F.S., incorporating verbatim the terms of the foreign subpoena and including the names, addresses, and telephone numbers of all counsel of record and any unrepresented parties. The Florida form must mirror the foreign subpoena's requirements exactly while conforming to Florida's Rules of Civil Procedure.

4

Circuit Court Clerk Filing — $2–$9 Fee

We file the foreign subpoena and completed Florida subpoena form with the Clerk of the Circuit Court in the county where discovery is sought. Filing fees are $2.00 (issuance only, § 28.24(18)(b)) if we prepare the form, or $9.00 (§ 28.24(18)(a) & (b)) if the clerk prepares it. Filing does not constitute a court appearance in Florida.

5

Clerk Issues Florida Subpoena

The clerk reviews and issues the Florida subpoena, which must reflect verbatim the terms of the foreign subpoena per § 92.251(3) F.S. We retrieve the issued subpoena and provide you a copy immediately. The issued subpoena is enforceable as a Florida Circuit Court subpoena and carries the full authority of Florida law.

6

Licensed Florida Process Server Service

We dispatch a licensed Florida process server for service in compliance with Florida Rule 1.410 and Chapter 48, F.S. Florida law governs all aspects of service. Served 123 LLC maintains coverage across all 67 Florida counties — from Miami-Dade and Broward in the south to Duval and Escambia in the north.

7

Affidavit of Service Delivered

You receive a signed, court-ready affidavit of service confirming full compliance with Florida's UIDDA requirements, Rule 1.410, and Chapter 48, F.S. service rules — ready for immediate filing in your originating state court.

Legal Authority

Florida UIDDA Statutory Reference

§ 92.251, Florida Statutes — Uniform Interstate Depositions and Discovery Act, effective July 1, 2019. Florida law and rules govern all subpoenas issued under this section.

Statute / RuleSubjectKey Requirement
§ 92.251(1) F.S.Short Title & AdoptionUniform Interstate Depositions and Discovery Act — effective July 1, 2019; replaced prior Uniform Foreign Depositions Law
§ 92.251(2) F.S.DefinitionsDefines "foreign subpoena," "issuing state," "discovery state"; "subpoena" includes deposition attendance, document/ESI production, and premises inspection
§ 92.251(3) F.S.IssuanceFile foreign subpoena + Florida form with Clerk of Circuit Court in county of discovery; form must incorporate verbatim terms of foreign subpoena and list all counsel; filing ≠ court appearance; no commission required
§ 92.251(4) F.S.ServiceService per Florida law and Florida Rules of Civil Procedure — Rule 1.410 (subpoena rules) and Chapter 48, F.S. (process and service of process)
§ 92.251(5) F.S.Florida Law GovernsFlorida law and rules govern and apply to all subpoenas issued under this section
§ 92.251(6) F.S.ObjectionsMotions for protective orders or to enforce, quash, or modify must comply with Florida statutes and rules; filed in Circuit Court in county of discovery
§ 92.251(8) F.S.Criminal ExcludedAct does not apply to criminal proceedings — civil cases only
Fla. R. Civ. P. 1.351Document-Only NoticeNon-party document production (no deposition): notice of non-party production must be served first; subpoena cannot issue until 10 days after delivery/email service or 15 days after U.S. mail service
Fla. R. Civ. P. 1.410Subpoena RulesFlorida's primary subpoena rule; governs issuance, service, content, and enforcement of all Florida subpoenas including those issued under § 92.251
§ 28.24(18) F.S.Filing Fees$2.00 issuance fee (§ 28.24(18)(b)) if party prepares form; $7.00 preparation + $2.00 issuance = $9.00 (§ 28.24(18)(a) & (b)) if clerk prepares form
Chapter 48, F.S.Process & ServiceGoverns methods of service in Florida; licensed process servers, certified process servers, and sheriffs authorized to serve Florida subpoenas

*Requirements verified at time of publication. Fees vary by county. Always verify current fees and local filing procedures with the Clerk of the Circuit Court in the applicable Florida county at myfloridacounty.com.

Service Package

What's Included With Every Florida Order

End-to-end Florida UIDDA handling across all 67 counties — including Rule 1.351 notice period coordination, Circuit Court filing, and licensed process server service.

UIDDA Compliance Review

We verify the correct county Circuit Court, confirm all counsel contact information, and determine whether Rule 1.351 notice periods apply to your specific subpoena type before every filing.

Rule 1.351 Notice Coordination

For document-only (non-deposition) subpoenas, we serve the required notice of non-party production and track the mandatory 10-day or 15-day waiting period before filing — preventing the most common Florida UIDDA compliance error.

Florida Form Preparation

We prepare the Florida subpoena form incorporating verbatim the terms of the foreign subpoena per § 92.251(3) F.S., including all required counsel and party contact information.

Circuit Court Clerk Filing

We file with the Clerk of the correct Florida Circuit Court and pay the applicable filing fee ($2–$9). No judge involvement, hearing, or court order is required. Filing ≠ court appearance.

Licensed Process Server Service

We dispatch a licensed Florida process server per Rule 1.410 and Chapter 48, F.S. Served 123 LLC covers all 67 Florida counties, from the Florida Keys to the Panhandle.

Court-Ready Affidavit

Signed affidavit confirming full compliance with Florida's UIDDA requirements, Rule 1.410, and Chapter 48, F.S. service rules — ready for immediate filing in your originating state court.

Subpoena Types

Types We Domesticate in Florida

All major subpoena types under Florida's UIDDA — with specialized handling for document-only production matters subject to Rule 1.351 notice requirements.

👤

Deposition Subpoena (Testimony)

Requires personal appearance and testimony at a Florida deposition. Rule 1.351 notice periods do NOT apply to deposition subpoenas — they proceed directly under § 92.251 and Rule 1.410. Most straightforward Florida UIDDA subpoena type.

📄

Document Production — Non-Party (Rule 1.351)

Compels production of documents, records, or ESI from a non-party without a deposition. Rule 1.351 notice period applies: 10 days (delivery/email) or 15 days (mail) must pass after serving notice before the subpoena can be issued by the clerk.

🗣️

Appearance + Production (Deposition + Documents)

Combines deposition testimony and document or ESI production in a single subpoena. Because a deposition is included, Rule 1.351 notice periods do not apply — the subpoena is governed entirely by § 92.251 and Rule 1.410.

🏢

Corporate & 30(b)(6) — Florida Entities

Directs Florida-incorporated entities to designate corporate representatives for testimony. Florida's massive corporate presence — particularly in real estate, healthcare, hospitality, and financial services — makes this one of the most requested subpoena types statewide.

Who We Serve

Who Uses Our Florida Service?

With 67 counties, 22 million residents, and the third-largest economy in the United States, Florida generates more interstate discovery requests than almost any other state. We serve every county.

⚖️

Law Firms

Managing interstate litigation requiring discovery from Florida witnesses, corporate entities, healthcare providers, and records custodians across all 67 counties and 20 judicial circuits.

🏥

Healthcare & Insurance

Attorneys and claims teams needing Florida medical records, expert depositions, and insurance company subpoenas — with full Rule 1.351 notice compliance and licensed process server service.

🏢

Corporate & Real Estate

In-house counsel handling discovery from Florida-based real estate developers, hospitality companies, financial institutions, and corporate entities in interstate commercial disputes.

🛡️

Insurance Defense

Carrier-side teams needing Florida deposition testimony, medical records, and expert witness subpoenas — particularly in South Florida where interstate injury and fraud litigation is concentrated.

👨‍💼

Solo Practitioners

Individual attorneys who need a reliable Florida partner — especially for navigating Rule 1.351 notice requirements and the county-by-county variations among Florida's 67 Circuit Court Clerks.

🔍

Litigation Support

Legal support firms outsourcing Florida UIDDA domestication for attorney clients statewide — including Rule 1.351 notice coordination, Circuit Court filing, and licensed process server service in all 67 counties.

Common Questions

Florida Subpoena Domestication FAQ

The most common questions about domesticating subpoenas in Florida under § 92.251 F.S. — including Florida's Rule 1.351 notice requirements that frequently trip up out-of-state attorneys.

Yes. Florida adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at § 92.251, Florida Statutes, effective July 1, 2019. It replaced Florida's prior Uniform Foreign Depositions Law and eliminated the need for commissions or letters rogatory from the originating court. All Florida law and rules of civil procedure govern subpoenas issued under § 92.251.
Florida Rule of Civil Procedure 1.351 applies when you seek document production from a non-party without taking a deposition. Before the subpoena can be issued by the Circuit Court Clerk, a notice of non-party production must be served on all parties to the out-of-state action. The subpoena cannot issue until 10 days after service by delivery or email, or 15 days after service by U.S. mail. This requirement applies even under the UIDDA and is one of the most commonly missed steps in Florida domestication matters. Rule 1.351 does NOT apply to deposition subpoenas or combined deposition-plus-production subpoenas.
You must submit: (1) the foreign subpoena issued by the out-of-state court; and (2) a completed Florida subpoena form that incorporates verbatim the terms of the foreign subpoena and includes the names, addresses, and telephone numbers of all counsel of record and any unrepresented parties. The filing fee is $2.00 if you prepare the form yourself, or $9.00 total if the clerk prepares it.
You must file with the Clerk of the Circuit Court in the county where discovery is sought — meaning the county where the witness, records custodian, or corporate entity is located. Florida has 67 counties organized into 20 judicial circuits. Served 123 LLC determines the correct county and Circuit Court Clerk for every order, including for corporate registered agents in cases where the entity may be registered in one county but operations are in another.
The filing fee is among the lowest of any UIDDA state. If you prepare the Florida subpoena form yourself, the clerk charges $2.00 for issuance per § 28.24(18)(b), F.S. If the clerk prepares the form, the fee is $7.00 (preparation) + $2.00 (issuance) = $9.00 per § 28.24(18)(a) & (b), F.S. Fees are included in Served 123 LLC's Florida service pricing. Note that individual county fees may vary slightly — always verify with the applicable clerk's office.
No. Under § 92.251 F.S., out-of-state attorneys may domesticate subpoenas in Florida without retaining a Florida-licensed attorney. Filing does not constitute a court appearance in Florida and does not trigger Florida Bar admission requirements. No hearing, judge involvement, or court order is required — the clerk issues the subpoena ministerially upon receipt of a compliant submission.
No. § 92.251(8) F.S. expressly provides that the Florida UIDDA does not apply to criminal proceedings. Florida's UIDDA covers civil cases only. For criminal subpoena matters in Florida, different procedures apply and local Florida counsel may be required.
Under § 92.251(6) F.S., any application for a protective order or to enforce, quash, or modify a subpoena must comply with Florida statutes and rules and be submitted to the Circuit Court in the county where discovery is to be conducted. These challenges are governed by Florida law, not the law of the originating jurisdiction. Recipients served with a Florida UIDDA subpoena should consult Florida counsel if they wish to object.
Service must comply with Florida law and the Florida Rules of Civil Procedure, including Rule 1.410 and the service provisions of Chapter 48, F.S. Florida law authorizes service by licensed process servers, certified process servers (Fla. Stat. §§ 48.25–48.31), and sheriffs. Served 123 LLC maintains a network of licensed Florida process servers covering all 67 counties and 20 judicial circuits.
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