Subpoena From Another State or a Federal Court: What Florida Witnesses Should Know

A process server hands you a subpoena, and the caption names a court in Texas, or California, or a United States District Court in Illinois. You live in Miami. The lawsuit involves a company you left years ago or a customer you barely remember. Can a court a thousand miles away order you to do anything? And if the demand is unreasonable, which judge do you ask for help?

The answers depend on which of two systems produced the paper in your hand. Lawsuits in other states reach Florida witnesses through a Florida statute. Federal lawsuits reach them through a federal rule. The protections, the deadlines, and the courthouse where you would seek relief are different under each, so the first job is working out which one you are holding.

Can a court in another state subpoena someone in Florida?

Not directly. A state court's subpoena power stops at the state line. Florida has adopted the Uniform Interstate Depositions and Discovery Act, which fills the gap: the out-of-state party submits its subpoena to the clerk of court in the Florida county where the testimony or documents are sought, and the clerk issues a Florida subpoena that incorporates its terms. No Florida lawsuit is opened and no judge reviews the request. What you receive should therefore be a subpoena issued by a Florida clerk, with the out-of-state case information attached. An out-of-state subpoena that arrives alone, with nothing from a Florida clerk, generally does not bind a Florida resident, though any court paper deserves a check before it is set aside.

Which rules apply once a Florida clerk issues it?

Florida's. The statute says service of the subpoena and compliance with it follow Florida law and the Florida Rules of Civil Procedure. That brings every Florida protection with it. A witness who is not a party can generally be required to appear for deposition only in the county where she lives, works, or does business. The Florida procedures for records subpoenas, and the objection rights that go with them, apply. Florida privileges and privacy rules apply. And a motion to quash or limit the subpoena, or for a protective order, is filed in the Florida circuit court for the county where the discovery is to take place, not in the distant court where the lawsuit is pending. For the witness, that means a local judge and no travel.

How does a federal subpoena work differently?

Federal courts need no help from a state clerk. A subpoena in a federal case issues from the court where the lawsuit is pending, is usually signed by a lawyer, and can be served anywhere in the United States. The protection is a limit on where the witness can be made to go. A person can be commanded to attend a deposition, hearing, or trial only within one hundred miles of where the person lives, works, or regularly does business in person, with a somewhat wider reach for certain trial testimony. Documents can be demanded only at a place within the same distance. A subpoena that requires attendance must also be accompanied by the witness fee and mileage the law provides.

What are the deadlines to object to a federal subpoena?

Short ones. A written objection to a federal subpoena for documents must be served before the time set for compliance or within fourteen days after service, whichever comes first. A timely objection suspends the duty to produce until the party who issued the subpoena obtains a court order. A subpoena for testimony is different: a letter is not enough, and the witness must file a motion to quash or modify. That motion goes to the federal court for the district where compliance is required, which for a Miami witness is the Southern District of Florida, although that court may send the dispute to the judge handling the underlying case in limited circumstances.

What protections does a federal witness have?

Substantial ones. The federal rule puts an affirmative duty on the lawyer who issues a subpoena to avoid imposing undue burden or expense, and directs the court to enforce that duty, including by awarding lost earnings and attorney's fees against a lawyer who ignores it. A court must quash or modify a subpoena that allows too little time, exceeds the distance limits, demands privileged material, or imposes undue burden, and may do the same to protect trade secrets and confidential business information. When a judge orders production over a witness's objection, the order must protect that witness from significant expense.

What about remote depositions and subpoenas that arrive by email?

Video depositions have removed much of the travel problem without removing anything else. Testimony given from your kitchen table is sworn, recorded, and usable at trial exactly as if you had flown to the courthouse. Delivery matters too. A subpoena for testimony generally must be delivered to the witness personally, so one that arrives by email is usually a request that you agree to accept it. Florida's rules do allow records subpoenas to be sent by mail or courier when delivery is confirmed, so an envelope is not safe to ignore. You may agree or decline. Agreeing can be a reasonable trade for a convenient date, a narrower document list, or a remote appearance, and those terms should be confirmed in writing before you accept anything.

What should a Florida witness do first?

Identify the system: a Florida clerk's subpoena with an out-of-state case attached, or a federal form naming a United States District Court. Write down the date and manner of service, because the objection clock runs from it. Preserve the documents described. Do not call the parties or their lawyers to explain what you know. Check the place of compliance, the time allowed, and the breadth of the requests against the limits above. Then have a lawyer contact the attorney who issued it. Out-of-state lawyers will usually agree to reasonable changes instead of hiring local counsel to argue in a Florida courtroom.

Salomon Smith PLLC represents Florida residents and businesses served with subpoenas from out-of-state and federal lawsuits, in the state and federal courts of South Florida. If one has reached you, call (305) 297-1018 for a free consultation before the deadline to object runs, or learn more about our business litigation practice.

This article is for general informational purposes only and is not legal advice.