Have you ever been served a subpoena? If not, you have probably at least heard of them; for instance, you may have seen in the news that a major company has been subpoenaed to provide important documents to the court. Subpoenas are commonplace in the legal field, as they are the primary method for carrying out requests. Subpoenas can be used to request a number of different items, although the two most common requests are for testimony and documents.
A subpoena can function differently depending on the nature of the case. For this blog post, we will be looking at subpoenas for family law cases.
The steps that must be followed to issue a subpoena in a family law case are outlined in Rule 12.410 of the Florida Family Law Rules of Procedure. There are two types of subpoenas that are issued: subpoenas for testimony and for documents. For a subpoena for testimony, one of the attorneys in the case must first make an oral request in front of the judge. At this point, the clerk or an attorney of record can issue the subpoena. The subpoena must contain very exact information:
- The name of the court
- The title of the action
- Instructions regarding the time and place to give testimony
A subpoena for documents functions similarly. However, for this type of subpoena, the court has the power to quash or modify the subpoena if it is unreasonable and oppressive. The court can also force the subpoenaing party to bear the cost of producing the documents if the costs themselves are reasonable.
In the case of either type, the subpoena itself holds no power unless it has been properly served. A subpoena can only be served by someone authorized to serve subpoenas by law, although a person who is unrelated to the case and over the age of eighteen is also able to serve it.
Once the subpoena has been served, the recipient is legally obligated to obey its directive. Failure to do so can result in being held in contempt of court. The only exception to this is if the recipient has written out a valid objection to the subpoena, at which point the court will either drop the matter or issue a new order.
If you have been served with a subpoena or wish to issue one yourself, you will need a experienced family attorney who can take the correct steps for you and help you navigate through the process. Call the experienced family law attorneys at Hendry & Parker, P.A., in Dunedin, at 727-205-5555 today for a free consultation.