Notice of Intent to Serve Subpoena Duces Tecum
(Discovery) (FL)

Summary

This template is a notice of intent to serve a subpoena duces tecum without deposition for use in a Florida state case. This template includes practical guidance and drafting notes. A party may seek inspection and copying of any documents or things within the scope of discovery pursuant to Fla. R. Civ. P. 1.351 by the issuance of a subpoena when the requesting party does not seek take testimony from the person in possession of the documents or things. A party requesting production under Rule 1.351 must serve notice on every other party of the intent to serve a subpoena under this rule at least 10 days before the subpoena is issued if service is by delivery or email and 15 days before the subpoena is issued if the service is by mail, and at least 45 days after service on the last-served party. Fla. R. Civ. P. 1.351(b). The proposed subpoena must be attached to the notice and must include the following: • The time, place, and method for production of the documents or things • The name and address of the person who is to produce the documents or things, if known, and if not known, a general description sufficient to identify the person or the particular class or group to which the person belongs • A designation of the items to be produced • A statement that the person who is asked to produce the documents or things has the right to object to the production and that the person is not required to surrender them • A statement that no testimony will be taken • Language giving the recipient the option to mail or deliver copies of documents or things in lieu of an appearance See Fla. R. Civ. P. 1.351(c). A copy of the notice and proposed subpoena must not be furnished to the person upon whom the subpoena is to be served. If any party serves an objection to production within the allotted time of service of the notice (within 10 days of service by delivery or email, 15 days if service by U.S. mail, or within 45 days of service of process if the notice is served with original process), the documents or things shall not be produced pending resolution of the objection in accordance with Rule 1.351(d). See Fla. R. Civ. P. 1.351(b). For a sample subpoena duces tecum that you may use in Florida litigation, see Subpoena Duces Tecum (Discovery) (FL). For more on subpoenas, see Discovery Subpoenas: Drafting, Issuing, and Serving (FL) and Discovery Subpoenas: Drafting and Serving a Subpoena Checklist (FL) and Discovery Subpoenas: Responding to a Subpoena Checklist (FL). For a full listing of key content covering fundamental civil litigation tasks throughout a Florida state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (FL).