What is the process for Issuing Foreign Subpoenas/Letters Rogatory?
A foreign subpoena is a subpoena issued under the authority of a court of record of a foreign jurisdiction. A foreign subpoena is needed when you want to take the deposition of a non-party or obtain records from a non-party in another state.
Documents Needed for Subpoena to Appear or Subpoena for Deposition: A party (usually an attorney) must submit a foreign subpoena to the clerk per Florida Statute 92.251(3)(a). The foreign subpoena must contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel per Florida Statute 92.251(3)(c)(2)
Documents Needed for Subpoena for Production: Same as above along with a notice of intent to serve the subpoena on all parties listed on the case. The notice must show that at least 10 days have passed if the notice is marked as hand delivery or by e-mail delivery before the subpoena can be issued. If the notice is marked as mail delivery, 15 days must have passed before subpoena can be issued per Florida Rules of Civil Procedure 1.351..
The fees for filing are as follows:
$7.00 to prepare and issue the summons
$2.00 if the attorney prepares the subpoena and the clerk signs the subpoena.
References: Florida statute 92.251, 92.251(3)(a), 92.251(3)(c)(2), 28.24 (18)(a), 28.24 (18)(b), and Florida Rules of Civil Procedure 1.351