How to Issue an Out-of-State Subpoena in Florida

Clients and lawyers are often faced with the question of how to issue an out-of-state subpoena in Florida. The answer is the Uniform Interstate Depositions and Discovery Act. This article explains how to issue an out-of-state subpoena (commonly referred to as a foreign subpoena) in Florida.

The Uniform Interstate Depositions and Discovery Act

Section 92.251, Florida Statutes, is titled the Uniform Interstate Depositions and Discovery Act. §92.251(1). This Act governs the issuance of foreign subpoenas in the State of Florida. §92.251.

A foreign subpoena is a subpoena issued in a state other than Florida. §92.251(2)(a)&(b). The foreign subpoena may be for testimony at a deposition, the production of documents or for the inspection of property/premises. §92.251(2)(e).

To request issuance of a subpoena under the Uniform Interstate Depositions and Discovery Act, the party from the foreign jurisdiction must submit a foreign subpoena to the clerk of court in the county where the discovery is sought. §92.251(3)(a). Requesting the issuance of a subpoena under this Act does not constitute an appearance in Florida courts. §92.251(3)(a). However, the statute is silent regarding whether enforcement of the subpoena and the Act would constitute an appearance in a Florida court. It is likely that while requesting the subpoena to be issued may not require a Florida lawyer, enforcing the subpoena and the Act would require engagement of Florida counsel.

After a party requests issuance of the foreign subpoena, the clerk of court must promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed. §92.251(3)(b). The subpoena must incorporate the terms used in the foreign subpoena and must contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. §92.251(3)(c).

Once a subpoena has been properly issued, the subpoena must be served in compliance with the laws of the State of Florida and pursuant to the Florida Rules of Civil Procedure. §92.251(4). The laws of the State of Florida govern and apply to all subpoenas issued under the Florida Uniform Interstate Depositions and Discovery Act. §92.251(5).

To the extent that the serving party needs to enforce the subpoena, the serving party must make an application to the court in the county where the discovery sought is to be conducted. §92.251(6). Similarly, if the party served with the subpoena objections or seeks a protective order, such party must petition the court in the county where the discovery is sought to be conducted. §92.251(6). Regardless of the party seeking relief from the court, the party must comply with Florida law and the Florida Rules of Civil Procedure.

Conclusion

Issuing an out-of-state subpoena in the State of Florida is statutory based and must comply with the Uniform Interstate Depositions and Discovery Act. Failure to comply with the Uniform Interstate Depositions and Discovery Act would render the out-of-state subpoena unenforceable.