How to Domesticate an Out-of-State Subpoena in Florida
- Mar 15, 2023
- 2 min read
Updated: Feb 25
Domestication of an out-of-state subpoena in Florida follows a structured legal process. Florida has adopted the Uniform Interstate Depositions and Discovery Act (UIDDA) under Florida Statutes § 92.251, making it easier for litigants to conduct discovery within the state.
Understanding Subpoena Domestication in Florida
A subpoena issued in another state does not automatically have legal authority in Florida. To be enforceable, it must be domesticated following Florida’s legal procedures to ensure compliance with state jurisdictional requirements.
Florida Law on Subpoena Domestication
Under Florida Statutes § 92.251, UIDDA provides an efficient framework for enforcing out-of-state subpoenas without requiring a formal petition or court hearing. Instead, the process involves submitting the subpoena to the appropriate Florida court clerk.
Step-by-Step Guide to Domesticate an Out-of-State Subpoena in Florida
1. Obtain a Valid Subpoena from the Issuing State
Before initiating the domestication process in Florida, ensure that the original subpoena complies with the laws of the issuing jurisdiction. The subpoena must clearly outline the requested testimony, documents, or evidence.
2. Submit the Foreign Subpoena to a Florida Court Clerk
Under Florida Statutes § 92.251, the subpoena must be submitted to the clerk of the circuit court in the county where discovery is sought. The clerk will then issue a Florida subpoena that mirrors the terms of the original subpoena, ensuring compliance with Florida Rules of Civil Procedure Rule 1.410.
3. Ensure Compliance with Florida’s Subpoena Requirements
The newly issued Florida subpoena must adhere to the following legal requirements:
Providing reasonable time for compliance (Fla. R. Civ. P. 1.410(c)).
Avoiding undue burden or expense on the subpoenaed party (Fla. R. Civ. P. 1.280(d)).
Following Florida’s discovery rules and procedures.
4. Properly Serve the Subpoena
The Florida subpoena must be served in accordance with Florida Rules of Civil Procedure Rule 1.410. Acceptable service methods include:
A licensed process server
The county sheriff
An individual authorized under Fla. R. Civ. P. 1.080
Proper documentation of service is required to ensure the subpoena is legally enforceable.
5. Handling Objections and Motions to Quash
Under Fla. R. Civ. P. 1.410(d), the recipient of a subpoena has the right to file objections on legal grounds such as privilege, undue hardship, or jurisdictional concerns. If objections arise, the requesting party may need to petition the court to enforce compliance.
6. Enforcing Compliance or Filing a Motion to Compel
If a subpoenaed party refuses to comply, the requesting party can file a motion to compel in the Florida circuit court. Non-compliance may result in court-imposed sanctions, including contempt charges.
Why Choose Served 123 LLC for Subpoena Domestication in Florida?
Successfully domesticating an out-of-state subpoena in Florida requires a thorough understanding of Florida Statutes § 92.251 and Florida Rules of Civil Procedure Rule 1.410. Served 123 LLC specializes in subpoena domestication and process serving in Florida, ensuring full legal compliance while minimizing delays and procedural complications.
Our expert team ensures accuracy at every step, so you can focus on your legal matters without unnecessary hurdles.
Consider Served 123 LLC for professional and efficient subpoena domestication services in Florida. Contact us today to get started!
