In Florida, a foreign subpoena is submitted to the clerk of the county where discovery is sought, who issues it; the Uniform Interstate Depositions and Discovery Act requires no court order or local attorney. We handle the papers and submission, and serve it if ordered.
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We take subpoena domestications in all 67 Florida counties; the clerk’s charge is in your quote. See the county finder or the Clerk of Court directory for each county clerk’s street address and an official link, from Pensacola to Key West.
Records Subpoenas Go to the Same Clerk
A documents-only subpoena goes to the same county clerk. Section 92.251(2)(e) defines a subpoena to reach documents and other tangible things as well as testimony, so a records request takes the same path. Either way, the request is not an appearance, and the statute does not require Florida counsel.
Florida Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Section 92.251 and Florida Rule of Civil Procedure 1.410 fix four stops between the out-of-state court and the witness in Florida.
Section 92.251(3)(a) has a party from a foreign jurisdiction submit the foreign subpoena to a clerk of court in the county in which discovery is sought; we handle that submission, and the request is not an appearance in Florida’s courts.
The clerk, in accordance with that court’s own procedure, promptly issues a subpoena for service on the person named; it must incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses and telephone numbers of all counsel of record and of any party not represented by counsel.
Our process server, a non-party at least 18 years old, delivers a copy to the witness or leaves it at the witness’s usual place of abode with a resident 15 or older, informing the person of its contents, as § 92.251(4), Rule 1.410(d) and § 48.031 allow.
Outside Rule 1.351(c) production without a deposition, proof of service is made by affidavit of the person making service, unless an officer authorized by law served it; our server signs it once the witness has been served.
Under Florida Rule 1.410(e)(1), the person subpoenaed to produce documents at a deposition may serve a written objection to inspection or copying “Within 10 days after its service,” or by the time set for compliance if that is less than 10 days after service. Fla. R. Gen. Prac. & Jud. Admin. 2.514(a)(1)(A) starts the count on the next day that is not a Saturday, Sunday or legal holiday.
Florida enacted the Uniform Interstate Depositions and Discovery Act (UIDDA) as § 92.251 of the Florida Statutes, in its current form by chapter 2019-13, effective July 1, 2019. Its own words below set the county, the officer who issues the Florida subpoena and the rules that govern service.
To request issuance of a subpoena under this section, a party from a foreign jurisdiction must submit a foreign subpoena to a clerk of court in the county in this state in which discovery is sought.
A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this state.
When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena issued by a clerk of court under subsection (3) must be served in compliance with the laws of this state and the Florida Rules of Civil Procedure.
Official texts: Fla. Stat. ch. 92 (§§ 92.142, 92.151 and 92.251), § 28.24, § 48.021, § 48.031, § 110.117 and § 456.057; CS/SB 7006 (ch. 2019-13); the Florida Rules of Civil Procedure 1.351 and 1.410 and the rules forms; Fla. R. Gen. Prac. & Jud. Admin. 2.514. General information, not legal advice. The official text controls.
Served 123 LLC prepares the § 92.251 papers for the county clerk and has the Florida subpoena served.
Get a Free Quote Online →Section 92.251(4) sends service to Florida law and the Florida Rules of Civil Procedure, and § 92.251(5) applies them to the subpoena the clerk issues: who serves, how the copy is delivered, where the witness attends, the witness fee, proof, and the objections and motions that follow. For a summons or complaint in Florida, see process service in Florida.
Section 92.251(4) has the subpoena served in compliance with the laws of this state and the Florida Rules of Civil Procedure. Under Rule 1.410(d), 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, and § 48.021(1) adds that civil witness subpoenas shall be served by any person authorized by rules of civil procedure.
§ 92.251(4); Fla. R. Civ. P. 1.410(d); § 48.021(1)Under § 48.031(3)(a), witness subpoenas, whether in criminal cases or civil actions, are served as subsection (1) provides. That subsection reads: “Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.”
§ 48.031(1)(a), (3)(a)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 such other convenient place as may be fixed by an order of court.
Fla. R. Civ. P. 1.410(e)(2)Under § 92.142(1), witnesses in all cases, civil and criminal, in all courts, receive $5 for each day’s actual attendance and also 6 cents per mile for actual distance traveled to and from the courts. Where a fee is to be paid with your subpoena, we advance it on the written quote.
Fla. Stat. § 92.142(1)Section 92.151 provides that no person shall be compelled to attend court as a witness in any civil cause unless the party in whose behalf the person is summoned shall first pay the person the amount of compensation to which he or she would be entitled for mileage and per diem for 1 day, or the same is deposited with the executive officer of the court.
Fla. Stat. § 92.151Proof of such 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. Our server signs that affidavit once the witness has been served.
Fla. R. Civ. P. 1.410(d)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 written objection to inspection or copying of any of the designated materials. A motion to quash or modify a subpoena to produce is a separate step: Rule 1.410(c) has it made promptly and in any event at or before the time specified in the subpoena for compliance.
Fla. R. Civ. P. 1.410(e)(1), (c)An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under subsection (3) must comply with the statutes and rules of this state and be submitted to the court in the county in which discovery is to be conducted, under § 92.251(6). On a subpoena to produce, Rule 1.410(c) lets the court quash or modify it if unreasonable and oppressive, or condition denial on the advancement of the reasonable cost of producing the books, documents, or tangible things.
§ 92.251(6); Fla. R. Civ. P. 1.410(c)Served 123 LLC makes the Rule 1.410(d) service and returns the server’s affidavit.
Get a Free Quote Online →A records subpoena goes to the same clerk of court. Below: Rule 1.351, where it applies, for documents from a nonparty without a deposition, service by mail or commercial delivery, the 2027 amendments, patient records under § 456.057, HIPAA under 45 C.F.R. § 164.512(e) and a custodian’s business records certification under § 90.902(11). No health records in yours? Skip to Common Traps.
Where Rule 1.351 applies, it is 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 under Rule 1.310. It reaches documents or things within the scope of Rule 1.350(a) when the requesting party does not seek to depose the custodian or other person in possession.
Fla. R. Civ. P. 1.351(a)Where Rule 1.351 applies, 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, and it must 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.”
Fla. R. Civ. P. 1.351(c)Where Rule 1.351 applies, service within Florida of a nonparty records subpoena is sufficient if it complies with Rule 1.410(d), or if service is accomplished by mail or hand delivery by a commercial delivery service and 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.
Fla. R. Civ. P. 1.351(c)From January 1, 2027, at 12:01 a.m., under Nos. SC2025-0646 and SC2025-0660, new Rule 1.351(b)(6) requires an objection to a nonparty subpoena to state with specificity the grounds for the objection, including the reasons, and Rule 1.351(c)(7) replaces “and relief may be obtained pursuant to rule 1.310” with “until the objection is resolved in accordance with subdivision (d) or by agreement.”
SC2025-0646, SC2025-0660 (Fla. 2026)A health care practitioner’s patient records may be furnished without written authorization in any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or the patient’s legal representative by the party seeking such records. The notice is the requesting party’s step.
Fla. Stat. § 456.057(7)(a)3.Where a covered entity holds the records, 45 C.F.R. § 164.512(e)(1) adds federal conditions to § 456.057. A court order is the first route: under (e)(1)(i) the covered entity may disclose “In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order”.
45 C.F.R. § 164.512(e)(1)(i)Under (e)(1)(ii) the covered entity may disclose “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if” one of two assurances arrives from the party seeking the records. The first is the notice assurance of (ii)(A): “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request”.
45 C.F.R. § 164.512(e)(1)(ii)(A)Paragraph (e)(1)(iii) spells it out: “For the purposes of paragraph (e)(1)(ii)(A) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information if the covered entity receives from such party a written statement and accompanying documentation demonstrating that: (A) The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address);” Two more elements follow, (B) on what the notice says and (C) on the time to object, set out in the next card.
45 C.F.R. § 164.512(e)(1)(iii)(A)Element (B) of (e)(1)(iii), on what the notice says: “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and” Element (C), on the time to object: “The time for the individual to raise objections to the court or administrative tribunal has elapsed, and:” (1) “No objections were filed; or” (2) “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.” Each of these three elements is shown in the requesting party’s own written statement and its accompanying documentation.
45 C.F.R. § 164.512(e)(1)(iii)(B)-(C)Second, (ii)(B): “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.” Under (e)(1)(iv), the written statement and documentation must show one of two things: (A) “The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or” (B) “The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.”
45 C.F.R. § 164.512(e)(1)(ii)(B), (iv)Section 90.902(11) requires no extrinsic evidence of authenticity for “An original or a duplicate of evidence that would be admissible under s. 90.803(6), which is maintained in a foreign country or domestic location and is accompanied by a certification or declaration from the custodian of the records or another qualified person certifying or declaring that the record: (a) Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person having knowledge of those matters; (b) Was kept in the course of the regularly conducted activity; and (c) Was made as a regular practice in the course of the regularly conducted activity, provided that falsely making such a certification or declaration would subject the maker to criminal penalty under the laws of the foreign or domestic location in which the certification or declaration was signed.” Section 90.803(6)(a) reaches such a record “all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness.”
Fla. Stat. § 90.902(11); § 90.803(6)(a)Section 90.803(6)(c) sets the written notice that goes with a certification offered in evidence: “A party intending to offer evidence under paragraph (a) by means of a certification or declaration shall serve reasonable written notice of that intention upon every other party and shall make the evidence available for inspection sufficiently in advance of its offer in evidence to provide to any other party a fair opportunity to challenge the admissibility of the evidence.” For a record kept in a foreign country, the section fixes the lead time in a civil case: “If the evidence is maintained in a foreign country, the party intending to offer the evidence must provide written notice of that intention at the arraignment or as soon after the arraignment as is practicable or, in a civil case, 60 days before the trial.” The paragraph ends with the motion that opposes the record and the waiver of objection: “A motion opposing the admissibility of such evidence must be made by the opposing party and determined by the court before trial. A party’s failure to file such a motion before trial constitutes a waiver of objection to the evidence, but the court for good cause shown may grant relief from the waiver.”
Fla. Stat. § 90.803(6)(c)Served 123 LLC handles the issuance and service of a Florida records subpoena.
Get a Free Quote Online →Where a Florida foreign subpoena usually goes wrong: the county it is sent to, what the completed subpoena leaves out, where and how the witness is asked to appear, and the court that hears a motion.
We check the papers we prepare and the service we make against the traps below and tell you what needs fixing. Notice to a patient stays with the requesting party, and a motion comes after service, when we tell you which court hears it.
Pick or search any of Florida’s 67 counties to see which Clerk of Court issues the subpoena there, then start a quote; each office is listed in the directory below.
Florida’s statute beside the versions adopted in its neighboring states: the citation, the attorney question under the Act, and the officer who issues the local subpoena, each taken from that state’s own law.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Florida | Fla. Stat. § 92.251 | No | Clerk of court, discovery county |
| Georgia | O.C.G.A. §§ 24-13-110 to 24-13-116 (H.B. 46) | No | Clerk of superior court, witness’s county of residence |
| Alabama | Ala. Code §§ 12-21-400 to 12-21-407 (Act 2012-518) | No | Circuit clerk, discovery county |
Each answer cites the Florida statute, rule of civil procedure, court source or federal regulation it rests on. Questions common to every state are in our Subpoena Domestication FAQ. General information, not legal advice.
Not the witness’s county as such. Under § 92.251(3)(a) the test is where in Florida the discovery is sought, and that county’s clerk issues the subpoena; where the out-of-state case is pending does not change it. Rule 1.410(e)(2) separately limits where a witness can be made to attend. See the county finder.
No. Under § 92.251(3)(b) the clerk issues the Florida subpoena once the foreign subpoena is submitted, following that court’s own procedure, and the statute calls for no order from a Florida judge before it issues. A court comes in later, if at all, when someone brings a motion about the subpoena in the discovery county. See the route, which follows each step.
Three things. Under § 92.251(3)(c), the terms of the foreign subpoena, carried over, and a list of every lawyer of record and any party without one, with addresses and phone numbers; under Rule 1.410(e)(1), how a deposition’s testimony will be recorded. We prepare the subpoena to cover them. See the traps.
No. The Act calls for no petition, motion or application of its own: the out-of-state subpoena itself is what goes to the clerk, § 92.251(3)(a). We prepare the Florida subpoena for the clerk to issue, working from the foreign subpoena you send us. See the statute.
No. Section 92.251(8) says: “This act does not apply to criminal proceedings.” Within a civil case it reaches a deposition, documents and other tangible things, and an inspection of premises the person controls, as § 92.251(2)(e) defines a subpoena. See the statute.
No. Nothing in § 92.251 requires Florida counsel to ask for the subpoena, and § 92.251(3)(a) says that request is not an appearance. A later motion to quash, protect or enforce is different: it must comply with Florida statutes and rules and goes to the court in the discovery county. See the statute.
Anyone the law authorizes to serve process, or an adult outside the case. Rule 1.410(d) names those two groups of servers, and § 48.021(1) points civil witness subpoenas to those same rules. Our server has no part in the case. See the service rule.
Yes, with someone who lives there. A Florida witness subpoena may be left at the witness’s usual home with a resident 15 or older, who is told what the papers are, § 48.031(1)(a) and (3)(a). Leaving it with a neighbor, or with no one, is not that service. See Personal or Abode Service Under § 48.031.
Only where the witness lives, works or does business in person, unless a court order fixes another convenient place, Rule 1.410(e)(2). A deposition set in a distant county with no such order is a trap we raise with you before service. See The Witness’s Own County.
By affidavit. Rule 1.410(d) calls for one from whoever made service, unless an officer authorized by law did it. Our process server signs that affidavit once the witness has been served, and we send it to you for your file. See the route.
Five dollars a day and six cents a mile: Fla. Stat. § 92.142(1) sets that pay for each day the witness actually attends and for the round trip to the courts. Your quote shows any fee we advance. See Witness Pay Under § 92.142.
Yes, for court. Under Fla. Stat. § 92.151 a witness cannot be made to come to court in a civil case until one day’s mileage and per diem is paid or deposited with the court’s executive officer. The section speaks of attending court. See One Day Paid Before a Court Appearance.
Ten days from service, or less if the subpoena sets an earlier compliance date: by then a person subpoenaed to produce at a deposition may object in writing to the inspection or copying of the listed materials, Rule 1.410(e)(1). The count runs from the next day after service that is not a Saturday, Sunday or legal holiday; the deadline calculator works it out.
Yes, but in Florida: a motion to quash or modify, for a protective order, or to enforce goes to the court of the discovery county under § 92.251(6) and follows Florida statutes and rules. It is not brought in the court where the case is pending. See Motions in the Discovery County.
Yes, with notice to the patient. A practitioner may furnish patient records without the patient’s written authorization once a court of competent jurisdiction issues a subpoena and the requesting party gives the patient proper notice, § 456.057(7)(a)3. Our part is preparing and serving the Florida subpoena. See Patient Records Under § 456.057.
Yes, when a covered entity holds the records and the subpoena comes without a court order. 45 C.F.R. § 164.512(e)(1)(ii) then lets the covered entity disclose on a written assurance from the party seeking them, about notice to the individual the records are about or about a qualified protective order. Our server serves the Florida subpoena. See the HIPAA cards.
Yes. The custodian, or another qualified person, may sign a certification or declaration in place of live testimony on how the record was made and kept, and signing a false one carries a criminal penalty, § 90.902(11). Before offering it, the party must give every other party written notice and a chance to inspect the record. See the certification card.
Starting January 1, 2027, at 12:01 a.m., an objection under new Rule 1.351(b)(6) to a subpoena directed at a nonparty has to give specific grounds and the reasons for them, under Nos. SC2025-0646 and SC2025-0660. The rule’s own words are on the amendments card.
Fla. Stat. § 28.24(19) sets these subpoena charges: $7 when the clerk issues and files a witness subpoena, writing, preparing, signing and sealing it, and $2 when the clerk only signs and seals. The $7 line is for a witness subpoena the section does not cover elsewhere. See the statute.
Yes. One written quote, given before any work starts, covers document preparation, any clerk’s fee on your submission, and service if you order it, so that fee is never a separate bill to you. The § 28.24(19) charge lines are set out in the statute.
Promptly is the only word § 92.251(3)(b) uses on timing: the clerk, in accordance with that court’s procedure, issues the Florida subpoena with no deadline counted in days. That procedure is each court’s own, so put your date in the Requested Deadline field of the quote form; your quote will say whether it can be met. See The Statute.
Since July 1, 2019. Chapter 2019-13 amended § 92.251 from that date for every proceeding then pending or filed later, so a case filed earlier but still pending is covered, and that text remains the statute today. See The Act and Its Date.
One written quote covers document preparation, the submission to the county clerk, the clerk’s fee and service, when you order service.
