Fla. Fam. L. R. P. 12.410

RULE 12.410

SUBPOENA

(a) Subpoenas Generally.

(1) Subpoenas for testimony before the court,

subpoenas for production of tangible evidence, and subpoenas for

taking depositions may be issued by the clerk of court or by any

attorney of record in an action. No subpoena issued under this rule,

even if for the purpose of proof of service or nonservice of the

subpoena, can be filed with the court unless in compliance with

Florida Rule of General Practice and Judicial Administration 2.425.

(2) Notice to Parties of Issuance of Subpoena. A party

issuing a subpoena through an attorney of record or clerk of the

court under this rule must, on the same day as the subpoena is

issued, serve each party to the proceeding with a notice of issuance

of subpoena and file this notice with the court. The notice of

issuance of subpoena must identify the person or entity subject to

the subpoena, the date the subpoena will be issued, and the date

and time for appearance or production, and must recite that all

references to account numbers or personal identifying numbers are

in compliance with Florida Rule of General Practice and Judicial

Administration 2.425. An unexecuted copy of the subpoena to be

issued must be attached to the Notice of Subpoena. Issuance of

subpoenas in injunction for protection cases must comply with

section 119.0714, Florida Statutes, Florida Rule of General Practice

and Judicial Administration 2.420, and any other applicable

statutes and rules of procedure. Notice of Issuance of Subpoena

does not apply to rule 12.351.

(b) Subpoena for Testimony Before the Court.

(1) Every subpoena for testimony before the court must

be issued by an attorney of record in an action or by the clerk

under the seal of the court and must state the name of the court

and the title of the action and must command each person to whom

-- 122 of 215 --

Family Law Rules of Procedure October 1, 2025 123

it is directed to attend and give testimony at a time and place

specified in it.

(2) On oral request of an attorney or party, the clerk

must issue a subpoena for testimony before the court or a

subpoena for the production of documentary evidence before the

court signed and sealed but otherwise in blank, both as to the title

of the action and the name of the person to whom it is directed, and

the subpoena must be filled in before service by the attorney or

party.

(c) For Production of Documentary Evidence.

(1) Generally. A subpoena may also command the

person to whom it is directed to produce the books, papers,

documents (including electronically stored information), or tangible

things designated therein, but the court, on motion made promptly

and in any event at or before the time specified in the subpoena for

compliance with it, may:

(A) quash or modify the subpoena if it is

unreasonable and oppressive, or

(B) condition denial of the motion on the

advancement by the person in whose behalf the subpoena is issued

of the reasonable cost of producing the books, papers, documents,

or tangible things.

A party seeking a production of evidence at trial which

would be subject to a subpoena may compel production by serving

a notice to produce evidence on an adverse party as provided in rule

12.080(a). That notice has the same effect and is subject to the

same limitations as a subpoena served on the party.

(2) Compliance with Rule 2.425. Any notice to produce

issued under this rule must comply with Florida Rule of Judicial

Administration 2.425.

(d) Service. A subpoena may be served by any person

authorized by law to serve process or by any other person who is

-- 123 of 215 --

Family Law Rules of Procedure October 1, 2025 124

not a party and who is not less than 18 years of age. Service of a

subpoena on a person named in it must be made as provided by

law. Proof of service must be made by affidavit of the person making

service except as applicable under rule 12.351(c) for the production

of documents and things by a nonparty without deposition, if not

served by an officer authorized by law to do so.

(e) Subpoena for Taking Depositions.

(1) Filing a notice to take a deposition as provided in