– The Uniform Interstate Depositions and Discovery Act governs the issuance of foreign subpoenas in Florida.
– A foreign subpoena is one issued in a state other than Florida, and can be for testimony, production of documents, or inspection of property.
– To request issuance of a subpoena under this 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.
– The clerk of court must then promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.
– The subpoena 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 in the proceeding.
– Once a subpoena has been properly issued, it must be served in compliance with the laws of the State of Florida and pursuant to the Florida Rules of Civil Procedure. – The serving party must apply to the court in the county where the discovery is sought to enforce the subpoena.
– The party served with the subpoena must petition the court in the county where the discovery is sought if they have objections or seek a protective order.
– All parties must comply with Florida law and the Florida Rules of Civil Procedure when seeking relief from the court.
– Issuing an out-of-state subpoena in Florida must comply with the Uniform Interstate Depositions and Discovery Act to be enforceable.
https://www.jimersonfirm.com/blog/2023/11/how-to-issue-an-out-of-state-subpoena-in-florida/
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