Florida Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Florida has its own subpoena rule, Fla. R. Civ. P. 1.410, and its standard is that the subpoena is 'unreasonable and oppressive', not the federal 'undue burden' wording (Rule 1.410(c)(1)).

2. 2

   A motion to quash or modify must be 'made promptly and in any event at or before the time specified in the subpoena for compliance' (Rule 1.410(c)). Waiting until after that time puts the motion outside the rule's words.

3. 3

   A subpoena must be obeyed unless it is quashed or modified. The written-objection route covers documents in a deposition subpoena (Rule 1.410(e)(1)) and nonparty records subpoenas under Rule 1.351. Failure without adequate excuse to obey a subpoena may be deemed contempt (Rule 1.410(f)).

4. 4

   A written objection and a motion to quash are different steps. For documents in a deposition subpoena, the person served may serve a written objection within 10 days after service, or by the compliance time if that is less than 10 days after service (Rule 1.410(e)(1)).

5. 5

   A court may condition denial of a motion on the advancement of the reasonable cost of production (Rule 1.410(c)(2)). Rule 1.410(c) also addresses electronically stored information that is not reasonably accessible because of undue costs or burden.

6. 6

   A nonparty records-only subpoena under Rule 1.351 may not issue until 10 days after notice to the parties (15 days if the notice is mailed), and a party's objection in that window blocks production. The person served may object any time before production, after which relief is under Rule 1.310.

7. 7

   Place and court: attendance can be required only in the county where the person resides, is employed or transacts business (Rule 1.410(e)(2)); nonparty records production only in the custodian's county (Rule 1.351(c)). A subpoena from another state goes through Fla. Stat. 92.251, and motions to quash, modify or for a protective order go to the court in the county where discovery is conducted. Sued instead? See the answer to complaint page. Issuing a subpoena? See the subpoena page.

Florida Requirements for Motion to Quash

• Prompt Motion at or Before Compliance

  A motion to quash or modify must be made promptly and in any event at or before the time specified in the subpoena for compliance (Fla. R. Civ. P. 1.410(c)).

• Unreasonable and Oppressive Standard

  The court may quash or modify a subpoena if it is unreasonable and oppressive, and may condition denial on advancement of the reasonable cost of production (Fla. R. Civ. P. 1.410(c)(1)-(2)).

• 10-Day Written Objection for Deposition Documents

  For documents in a deposition subpoena, a written objection may be served within 10 days after service, or by the compliance time if that is less than 10 days after service (Fla. R. Civ. P. 1.410(e)(1)).

• Nonparty Records Notice to Parties

  A nonparty records subpoena may not issue until 10 days after notice to the parties (15 if mailed), and a party objection in that window blocks production (Fla. R. Civ. P. 1.351(b)).

• County Limits on Attendance and Records

  Attendance can be required only in the county where the person resides, is employed or transacts business, and nonparty records production only in the custodian's county (Fla. R. Civ. P. 1.410(e)(2), 1.351(c)).

• Court of Issuance Hears the Motion

  Relief is sought from the court from which the subpoena was issued (Fla. R. Civ. P. 1.410(e)(1), (f)).

• Out-of-State Subpoenas Under Section 92.251

  A foreign subpoena is submitted to the clerk in the county where discovery is sought, and motions to quash, modify or for a protective order go to the court in that county (Fla. Stat. 92.251).

• Contempt for Unexcused Noncompliance

  Failure without adequate excuse to obey a subpoena may be deemed contempt (Fla. R. Civ. P. 1.410(f)).