Clients and lawyers are often faced with the task of getting issued an out-of-state subpoena in Florida. The process is governed by the Uniform Interstate Depositions and Discovery Act. The Needle Law Group has experience helping clients and lawyers successfully issuing out-of-state subpoena in Florida (commonly referred to as a foreign subpoena). Contact Us.

Issuing an out-of-state subpoena in the State of Florida requires strict compliance with Florida’s statute 92.251 and each county clerk handles the process differently. Regardless of which county is involved, you must comply with the Uniform Interstate Depositions and Discovery Act. Failure to comply with the Uniform Interstate Depositions and Discovery Act could render the out-of-state subpoena unenforceable.

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 you (the serving party) needs to enforce the subpoena, you 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 objects 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 whether you need to enforce based on a party’s failure to comply with the subpoena or if the party served seeks relief from the court, the all parties must comply with Florida law and the Florida Rules of Civil Procedure and that’s where The Needle Law Group can assist.

To avoid delay and immediately proceed with getting your other state subpoena issued and served here in Florida please contact our office at 954-485-9900 for more detailed information and ask for free consultation. Contact Us.

Jeffrey’s passionate representation of clients is based on his ability to quickly understand the dynamics of a dispute and then bring it to closure using the right combination of aggressive representation, finesse, sound advice, and counseling. While Jeffrey advocates problem-solving to avoid expensive litigation and minimize costs for his clients, when necessary he is a dynamic and effective litigator.

Mr. Needle hails originally from Washington, D.C. and before graduating from Nova Southeastern University Law School in 1995, Mr. Needle owned and operated Potomac Legal Support Services, Inc. a Washington, D.C. legal support services company providing, private investigation, skip tracing, debtor locating, asset locating services and process services to D.C. based attorneys and clients.

The Needle Law Group concentrates its resources on the representation of secured and unsecured creditors in Florida and nationwide since 1996. The practice is dedicated to handling collections from the initial demand through post-judgment execution actions and domesticating foreign judgments. The firm represents retail and commercial creditors and existing Judgment holders and is an active member of the nationwide forwarding networks. To enhance our collection systems and to stimulate our growth, we are constantly updating our resources and training our professional staff in the latest industry resources.

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