What Is a Subpoena?
A subpoena is a court-backed command requiring a person to give testimony or produce documents or other evidence. It compels participation from people who are not necessarily parties to the lawsuit — witnesses, custodians of records, and others who hold relevant information. Ignoring a valid subpoena can result in contempt of court.
Two Main Types
- Subpoena ad testificandum — commands a person to appear and testify, at a deposition, hearing, or trial
- Subpoena duces tecum — commands a person to produce documents, records, or other tangible evidence
Subpoenas in Florida
Under Florida Rule of Civil Procedure 1.410, attorneys of record may issue subpoenas in a pending case, and they must be properly served. A person who receives a subpoena can object or move to quash it — for example, where it is unreasonable, seeks privileged material, or imposes an undue burden. Subpoenas are a primary tool of discovery and trial preparation.
Related Terms
- Discovery — Where subpoenas are a key tool
- Deposition — Often compelled by subpoena
- Service of Process — How a subpoena is delivered
Barnes Walker Litigation
Barnes Walker's litigation attorneys issue, respond to, and move to quash subpoenas in Florida civil matters. Request a legal inquiry for assistance.
Florida Law Reference
Fla. R. Civ. P. 1.410
Governs subpoenas in Florida civil cases — issuance by the clerk or attorney of record, service, subpoenas for testimony and for production, and the right to object or move to quash.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC