The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Florida:

The party seeking the subpoena must comply with the following state statutes:

Click here for Florida Uniform Foreign Depositions Law:

Issuing of subpoenas:

Click here for Florida Rules of Civil Procedure

Sample subpoena:

Click here for Florida subpoena sample PDF

Required Steps:

Submit the following to the applicable County Clerk of Court:

  1. A certified copy of either the Notice to Taking Deposition or the Notice of Production from Non-Party.
  2. From the foreign state – a Motion for Commission, an Order Granting Commission, or an Original Commission. Some states use other forms or names for this, but this is simply an order from the court where the action is pending, or a notice or an agreement that requires a deposition take place in Florida.
  3. If the subpoena is for records pick up only, a certified copy of the Certificate of No Objection must also be filed.
  4. The original and one copy of the proposed Subpoena to be issued by the Clerk.
  5. A $2.00 fee for signing and sealing the Subpoena (payable to the Clerk of Court).
  6. The Clerk will issue the Subpoena. If a separate check for $40 is included, the Clerk will also forward the Subpoena to the Sheriff (payable to the Sheriff).
  7. Note that some counties in Florida may require a civil cover sheet.

Witness fees:

As per Florida Statute 92.142, witnesses shall receive $5.00 a day and six cents per mile for actual distance traveled to and from the courts.

Notice time:

Not specified, but must be reasonable.

Notice to adverse parties:

Under Rule 1.351, a party who desires production of documents without a deposition shall serve notice on every other party of the intent to serve a subpoena under this rule at least 10 days before the subpoena is issued if the service is by mail. If the subpoena is complied with, the party receiving the documents shall furnish a legible copy of each item furnished to any other party that requests it. The other party shall pay reasonable costs for preparing the copies.