§92.251 F.S. Uniform Interstate Depositions and Discovery Act (Amended by the 2019 Florida Legislature)
The Clerk is authorized to issue an Out of State Subpoena, which is a subpoena from an attorney with a case filed in another state, where the witness or documents needed are located in Hillsborough County, Florida.
The following information is being provided to help guide you through this process in the event you need to submit a request for issuance of an Out-of-State Subpoena.
- You may prepare the Subpoena Form in compliance with the requirements set forth in the Florida Rules of Civil Procedure and submit to our office for issuance. If you prepare your own Subpoena Form, the Clerk’s Office will charge a fee of $2.00 for issuance pursuant to §28.24 (18) (b), F.S.
- You may request the Clerk to prepare the Subpoena Form in compliance with the requirements set forth in the Florida Rules of Civil Procedure. If a foreign subpoena is sent, the Clerk must make sure that the information within the foreign subpoena is reflected verbatim within the Florida subpoena. The Clerk will charge $7.00 for the preparation of the Subpoena in addition to a charge of $2.00 for issuance pursuant to §28.24(18)(a) & (b), F.S.
- Commissions and orders are no longer necessary for out of state subpoenas for production of documents and things from a non-party. If it is a subpoena for production from a non-party, the 10 day and 15 day wait periods still apply under Florida Rules of Civil Procedure Rule 1.351.
- Service of the subpoena must be in compliance with the laws of Florida and the Florida Rules of Civil Procedure.
- The laws and rules of Florida govern and apply to all subpoenas issued under this new law.
- This does not apply in criminal cases.
Visit Service Options and Locations to find an in-person service location or mail in your request to: Clerk of the Circuit Court & Comptroller, PO Box 3360, Tampa FL 33601-3360.