This form is a sample subpoena duces tecum for use in a personal injury case.
Florida Civil Trial Subpoena Duces Tecum
State:
Multi-State
Control #:
US-PI-0046
Format:
Word;
Rich Text
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How to fill out Civil Trial Subpoena Duces Tecum?
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FAQ
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Rule 1.410 - SUBPOENA (a) Subpoena Generally. 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. (b) Subpoena for Testimony before the Court.
Rule 45 has other requirements for issuing and serving a subpoena. ISSUANCE. Only an attorney authorized to practice in the court where the subpoena is issued may issue and sign a subpoena. Otherwise, the clerk of court must issue the subpoena.
Subpoenas. You will need to subpoena witnesses and nonparty witnesses for trial. Advise witnesses you will subpoena them for trial, they must attend, and that disobeying a subpoena without adequate excuse may be deemed contempt of the court. See Fla.
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 served, serve each party to the proceeding with a notice of issuance of subpoena and file this notice with the court.
(b) Seek subpoenas or subpoenas duces tecum from any court to command the appearance of witnesses and the production of books, accounts, records, and other documents or materials at a time and place named in the subpoenas, and an authorized representative of the office may serve such subpoenas.
(7) Any person who refuses or fails without lawful cause to testify relative to the affairs of any person, when subpoenaed and requested by the department to so testify, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.