What Is a Subpoena in Florida? What It Means and What You Must Do
Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 26, 2026
A subpoena is a legal order that commands a person to appear and testify, or to hand over documents or other things, in a legal case. In Florida, either the court clerk or any attorney of record in the case can issue one. A subpoena is not a request. If you ignore it without an adequate excuse, the court can hold you in contempt. Florida Rule of Civil Procedure 1.410 governs civil subpoenas.
What is a subpoena in Florida?
A subpoena is a written command, issued in the name of the court, that requires a specific person to do a specific thing by a specific time. The thing is either to testify or to produce records. The word comes from Latin and means "under penalty."
Every subpoena names the court and the case, identifies who must comply, and sets a time and place. Under Rule 1.410(b)(1), a subpoena for testimony must be issued by an attorney of record or by the clerk under the seal of the court. It does not accuse you of anything. Most people who receive one are witnesses or record keepers, not parties to the lawsuit.
What are the types of subpoenas?
Florida civil cases use four kinds: a subpoena to testify, a subpoena for production of documents, a deposition subpoena, and a records-only subpoena to a non-party.
A subpoena to testify (the Latin name is subpoena ad testificandum) commands you to appear at a hearing or trial and give testimony. Rule 1.410(b) covers it.
A subpoena for production of documents (subpoena duces tecum) commands you to bring documents or things. Under Rule 1.410(c), it can reach "books, documents (including electronically stored information), or designated tangible things." Employers, banks, doctors, phone carriers, and insurers receive these most often.
A deposition subpoena commands a non-party to appear for sworn questioning before trial. Under Rule 1.410(e)(1), once a notice of deposition and certificate of service are filed, the clerk or an attorney of record can issue the subpoena, and it must state the method of recording. A party to the lawsuit does not need a subpoena. A written notice is enough. My article on what a deposition is in Florida covers that process.
A records-only subpoena to a non-party commands production of documents without any testimony. Rule 1.351 controls it, and it has a built-in warning system for the other side, covered below.
Who can issue a subpoena in Florida?
Rule 1.410(a) says subpoenas may be issued by "the clerk of court or by any attorney of record in an action." A judge does not sign it. An attorney can issue a subpoena in a pending case, and the clerk can issue one signed and sealed but otherwise in blank on oral request, to be completed before service under Rule 1.410(b)(2).
That surprises people. A subpoena looks official because it carries the court's name, but it can come from a lawyer in the case. It remains a valid command unless it is challenged and quashed.
What is the difference between a subpoena, a summons, and a notice of deposition?
A summons tells a defendant a lawsuit has been filed against them and starts a response deadline. A subpoena tells a witness or record keeper to appear or produce records in a case. A notice of deposition tells a party, who is already in the case, when and where the deposition will occur.
A subpoena does not make you a defendant, and it does not mean you are in trouble. A subpoena in a criminal case works under the criminal rules, and this article covers civil practice.
Do you have to obey a subpoena?
Yes. You must comply, object, or get the subpoena quashed. You cannot ignore it. Under Rule 1.410(f), failure to obey a subpoena "without adequate excuse" may be treated as contempt of the court that issued it.
Contempt can mean fines and, in serious cases, a court order compelling your appearance. Staying home does not make the subpoena disappear. The better paths are to comply, to serve a timely written objection, to negotiate the date or scope with the lawyer who issued it, or to ask the court to quash or limit it.
Do not destroy or alter records after you receive a subpoena. Destroying documents you were told to produce creates a far worse problem than the records themselves.
How is a subpoena served?
Under Rule 1.410(d), any non-party who is at least 18 years old, or any person authorized by law, can serve a subpoena. Proof of service is made by affidavit of the person who served it. For a records-only subpoena under Rule 1.351(c), service is also sufficient if made by mail or commercial delivery with written confirmation of delivery, and that confirmation must be filed.
Service puts the clock on your options. A deposition subpoena allows you to object within 10 days after service, or before the compliance date if that is sooner, under Rule 1.410(e)(1). Do not set the paper aside.
Do you get paid for responding to a subpoena?
A witness gets a small statutory fee. Under section 92.142, Florida Statutes, witnesses in civil and criminal cases are entitled to $5 for each day of actual attendance and 6 cents per mile for the actual distance traveled to and from the courts. The statute does not say who pays it. State employees who testify as part of their job are treated differently under that section and section 112.061.
If a subpoena demands records, the court can protect the person who has to produce them. Under Rule 1.410(c), the court may condition denial of a motion to quash on advance payment of the reasonable cost of producing the records.
Where can you be required to go?
A non-party witness can be required to attend a deposition only in the county where the witness lives, works, or regularly does business in person, or at another convenient place the court sets by order. Rule 1.410(e)(2) says so.
A records-only subpoena under Rule 1.351(c) can require production only in the county where the custodian resides, where the materials are located, or where the custodian usually conducts business. A subpoena that demands you travel across the state for a deposition is a candidate for an objection.
How do you fight a subpoena in Florida?
You fight a subpoena by objecting in writing on time and, if necessary, asking the judge to quash or limit it. The main grounds are that the subpoena is unreasonable and oppressive, that it seeks protected or privileged information, that it demands electronic data from sources that are not reasonably accessible, or that it was not properly served or issued.
Rule 1.410(c) lets the court quash or modify a subpoena that is "unreasonable and oppressive." For electronically stored information, the responding person may object to sources that are "not reasonably accessible because of undue costs or burden." Privilege is a separate ground. A lawyer, doctor, or spouse may hold protections that bar disclosure, and those must be raised before the compliance date, not after the records are handed over.
The timing matters more than the argument. File your objection or motion before the date on the subpoena. A judge who sees a motion filed in advance treats it very differently from one filed after you failed to appear.
What is a Rule 1.351 subpoena, and how does it affect the injured person?
A Rule 1.351 subpoena is a records-only subpoena to a non-party, and the rule requires advance notice to every other party. The issuing party must serve a notice with the proposed subpoena attached on all other parties. Under Rule 1.351(b), the subpoena cannot issue until 10 days after notice by delivery or email, or 15 days after notice by U.S. mail. If any party objects in that window, the documents "shall not be produced pending resolution of the objection."
That window is how an injured plaintiff protects privacy. If the defense plans to subpoena your employer, prior doctors, pharmacy, or phone records, your lawyer receives the notice and can object before a single page moves. Any party that receives the records must furnish a legible copy to any other party who requests one, and the requesting party pays the reasonable cost of copying under Rule 1.351(e). We ask for every copy.
Can medical records be subpoenaed in Florida?
Yes, but notice to the patient is required. Section 456.057(7)(a)3, Florida Statutes, allows disclosure of patient records "upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or the patient's legal representative by the party seeking such records." Section 456.057(7)(c) separately allows disclosure if compelled by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given.
Federal privacy law adds a layer. Under HIPAA, a health care provider answering a subpoena that is not signed by a judge generally needs satisfactory assurance that the patient received notice and a chance to object, or that a qualified protective order is in place. A provider who receives a subpoena for your chart without that assurance should not release it. If a defense subpoena for your medical records arrives without notice to you, tell your lawyer immediately.
Can a minor be subpoenaed?
Yes, but a minor has the right to be accompanied. Rule 1.410(h) provides that a minor who is subpoenaed to testify may be accompanied by a parent or guardian. The exceptions are a showing that the parent's presence would have a material, negative impact on the credibility or accuracy of the testimony, or a conflict of interest.
What should you do if you receive a subpoena?
Read it today, write down the deadline, call a lawyer, and do not ignore it. Specifically, check four things on the paper: the court and case number, the name of the lawyer or clerk who issued it, the date, time, and place you must appear or produce, and exactly what it demands.
Then protect what exists. Keep every record the subpoena covers, including emails, texts, and electronic files. Do not discuss the case with the person who sent the subpoena before you have spoken to a lawyer, and do not hand over records you believe are privileged. If you are a party to the case, notify your own lawyer the same day, because a subpoena to someone else about you can be challenged only by acting quickly.
If you are a witness only, you can usually work out a date or delivery method with the issuing attorney. Most subpoenas are resolved by a phone call, a records delivery, or an agreed date. The problem cases are the ones where nobody calls anyone.
Frequently Asked Questions
What is a subpoena in simple terms?
A subpoena is a legal order to appear and testify or to produce documents in a case. It carries the court's authority, and in Florida it can be issued by the clerk of court or by an attorney of record in the case.
Can you ignore a subpoena in Florida?
No. Failing to obey a subpoena without adequate excuse can be treated as contempt of court under Rule 1.410(f). If a subpoena is improper, the fix is to object on time or move to quash it, not to ignore it.
Who can issue a subpoena in Florida?
The clerk of court or any attorney of record in the action can issue a subpoena under Rule 1.410(a). A judge does not need to sign it.
What is a subpoena duces tecum?
A subpoena duces tecum commands a person to bring documents, electronically stored information, or tangible things. Rule 1.410(c) authorizes it. It can be paired with testimony or stand alone as a records-only subpoena to a non-party under Rule 1.351.
Do I get paid for responding to a subpoena in Florida?
A witness is entitled to $5 for each day of actual attendance and 6 cents per mile traveled under section 92.142, Florida Statutes. For records, the court can condition denial of a motion to quash on advance payment of reasonable production costs.
Who can serve a subpoena?
Any non-party who is at least 18 years old, or any person authorized by law, can serve it under Rule 1.410(d). Proof of service is made by affidavit.
Can someone subpoena my medical records in a Florida injury case?
Yes, but section 456.057(7)(a)3 requires proper notice to the patient or the patient's legal representative. Under Rule 1.351, the other parties also receive advance notice and can object before the records are produced.
How long do I have to object to a subpoena?
For a deposition subpoena, you may object within 10 days after service, or before the compliance date if that comes sooner, under Rule 1.410(e)(1). For a records-only subpoena, a party's objection must come within the 10 or 15 day notice window in Rule 1.351(b). Do not wait for the deadline.
Call Today. Discuss Your Subpoena Directly With Dan
A subpoena has deadlines, and a missed one limits your options. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years and spent years defending insurance claims before representing injured people, so he knows how the other side uses subpoenas and how to challenge them. Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.
Call (954) 923-6110 or email dan@reinfeldlaw.com.
Hollywood office: 2450 Hollywood Boulevard, Suite 706, Hollywood, FL 33020. Open Monday through Friday, 9:00 a.m. to 5:00 p.m., with 24/7 live telephone answering. Fort Lauderdale consultations by appointment at 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301.
Related guides: What is a deposition in Florida, What is an IME in Florida, Hollywood car accident lawyer, Hollywood workers' compensation lawyer.
Sources: Florida Rule of Civil Procedure 1.410, Subpoena (The Florida Bar); Florida Rule of Civil Procedure 1.351, Production of Documents and Things Without Deposition; Section 92.142, Florida Statutes (Witness fees); Section 456.057, Florida Statutes (Patient records); 45 C.F.R. § 164.512(e) (HIPAA, disclosures for judicial and administrative proceedings).
This article provides general information about Florida civil procedure. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and you should speak with a lawyer about your situation.
© 2026 Daniel B Reinfeld, PA. All rights reserved.
Comments