Navigating the legal landscape for out-of-state subpoenas or foreign deposition subpoenas can be a complex task. Different jurisdictions have their own rules and regulations, making it essential to understand the specific requirements of the state in which you need to serve the subpoena. This post aims to guide you through the process of obtaining an out-of-state subpoena, particularly focusing on Florida’s laws and regulations.
Federal and State Laws
In the United States, the Uniform Interstate Depositions and Discovery Act (UIDDA) provides a framework for domesticating out-of-state subpoenas. In Florida, this is governed by §92.251 F.S. The UIDDA allows for a more streamlined process for attorneys to request depositions and produce subpoenas across state lines.
Steps to Domesticate a Subpoena in Florida
Obtain the Foreign Subpoena
Obtain a subpoena issued from the home state and jurisdiction where the case is being litigated.
Apply for a Florida Subpoena
Complete a Florida subpoena form properly. This will be the document that is actually served within the state of Florida.
Filing Fee
Pay the required filing fee for the issuance of the subpoena to the Court.
File Documents
All these documents must be filed with the Clerk of the Circuit Court in the county where the discovery is sought to be conducted in Florida. Volusia and Flagler counties are part of Florida’s 7th Judicial Circuit, while Brevard and Seminole counties make up the 18th Judicial Circuit.
Who Can Serve the Out-of-State Subpoena?
Now that you have a Florida-issued subpoena from the Clerk of Court, it’s time to serve it. But can just anyone serve the defendants or witnesses named on the subpoena? Not in Florida! In Volusia and Flagler counties, process servers must be appointed by a judge on a case-by-case basis. In Brevard and Seminole counties, process servers must be certified by Florida’s 18th Judicial Circuit. Accurate Serve® is well-versed in these regulations and can assist you in ensuring that your subpoenas are served correctly and efficiently.
Types of Subpoenas
Subpoena Ad Testificandum
This is used when an individual’s testimony at a trial or hearing is needed.
Subpoena Duces Tecum
This is used when an individual’s appearance and production of documents or other objects are needed at a trial or hearing.
Why Choose Accurate Serve®?
Our experienced staff can assist in preparing and filing the required documents with the Clerk of the Circuit Court to have the Florida subpoena issued properly. Once issued, we can proceed to have it served right away.
If you find yourself in need of obtaining an out-of-state subpoena or foreign deposition subpoena, Accurate Serve® is here to assist you. In addition to our Daytona Beach location, we have satellite offices in Palm Coast and Titusville and provide services in Volusia, Flagler, Brevard, and Seminole Counties. Our services include process service, document retrieval, skip tracing, and diligent searches. To get started today, contact us at (386) 569-8475 or send us a work request online.
