In Re: Amendments to Florida Family Law Rule of Procedure 12.410

Supreme Court of Florida
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No. SC2024-1560
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IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULE OF
PROCEDURE 12.410.

June 12, 2025

PER CURIAM.

The Florida Bar’s Family Law Rules Committee has filed a

report proposing amendments to Florida Family Law Rule of

Procedure 12.410 (Subpoena). 1 The Board of Governors of The

Florida Bar recommends adopting the proposed amendments by a

vote of 26-2-0. The Committee published its proposal for comment

and received a few comments. After the proposed amendments

were filed, we re-published the proposal for comment and no

comments were received.

Having reviewed the Committee’s proposal, we adopt the

amendments to rule 12.410 as proposed with minor technical

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
modifications. Specifically, we add a new subdivision (a)(2) titled

“Notice to Parties of Issuance of Subpoena,” which requires that a

party who issues a subpoena through an attorney of record or clerk

of court must, on the same day the subpoena is issued, serve each

party to the proceeding with a notice of issuance of subpoena and

file the notice with the court.

Accordingly, the Florida Family Law Rules of Procedure are

amended as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments shall take effect on

October 1, 2025.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

Jeffrey Paul Battista, Chair, Family Law Rules Committee, Vero
Beach, Florida, Joshua E. Doyle, Executive Director, The Florida
Bar, Tallahassee, Florida, and Kelly Noel Smith, Bar Liaison, The
Florida Bar, Tallahassee, Florida,

for Petitioner

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APPENDIX

RULE 12.410. SUBPOENA

(a) Subpoena Generally.
(1) Subpoenas for testimony before the court,
subpoenas for production of tangible evidence, and subpoenas for
taking depositions may be issued by the clerk of court or by any
attorney of record in an action. No subpoena issued under this rule,
even if for the purpose of proof of service or nonservice of the
subpoena, shallcan be filed with the court unless in compliance
with Florida Rule of General Practice and Judicial Administration
2.425.

(2) Notice to Parties of Issuance of Subpoena. A party
issuing a subpoena through an attorney of record or clerk of the
court under this rule must, on the same day as the subpoena is
issued, serve each party to the proceeding with a notice of issuance
of subpoena and file this notice with the court. The notice of
issuance of subpoena must identify the person or entity subject to
the subpoena, the date the subpoena will be issued, and the date
and time for appearance or production, and must recite that all
references to account numbers or personal identifying numbers are
in compliance with Florida Rule of General Practice and Judicial
Administration 2.425. An unexecuted copy of the subpoena to be
issued must be attached to the Notice of Subpoena. Issuance of
subpoenas in injunction for protection cases must comply with
section 119.0714, Florida Statutes, Florida Rule of General Practice
and Judicial Administration 2.420, and any other applicable
statutes and rules of procedure. Notice of Issuance of Subpoena
does not apply to rule 12.351.
(b) [No Change]

(c) For Production of Documentary Evidence.

(1) Generally. A subpoena may also command the
person to whom it is directed to produce the books, papers,
documents (including electronically stored information), or tangible
things designated therein, but the court, on motion made promptly

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and in any event at or before the time specified in the subpoena for
compliance with it, may:

(A) [No Change]
(B) condition denial of the motion upon the
advancement by the person in whose behalf the subpoena is issued
of the reasonable cost of producing the books, papers, documents,
or tangible things.

A party seeking a production of evidence at trial which
would be subject to a subpoena may compel such production by
serving a notice to produce such evidence on an adverse party as
provided in rule 12.080(a). SuchThat notice shall havehas the same
effect and beis subject to the same limitations as a subpoena served
on the party.

(2) [No Change]

(d) Service.

A subpoena may be served by any person authorized by
law to serve process or by any other person who is not a party and
who is not less than 18 years of age. Service of a subpoena on a
person named in it shallmust be made as provided by law. Proof of
such service shallmust be made by affidavit of the person making
service except as applicable under rule 12.351(c) for the production
of documents and things by a nonparty without deposition, if not
served by an officer authorized by law to do so.
(e) Subpoena for Taking Depositions.

(1) Filing a notice to take a deposition as provided in
rule 12.310(b) or 12.320(a) with a certificate of service on it showing
service on all parties to the action constitutes an authorization for
the issuance of subpoenas for the persons named or described in
the notice by the clerk of the court in which the action is pending or
by an attorney of record in the action. The subpoena must state the
method for recording the testimony. A party intending to
audiovisually record a deposition must state in the subpoena that
the deposition is to be audiovisually recorded and identify the

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method for audiovisually recording the deposition, including, if
applicable, the name and address of the operator of the audiovisual
recording equipment. If a party intends to take a deposition by
communication technology, the subpoena must state the deposition
is to be taken using communication technology, identify the specific
form of communication technology to be used, and provide
instructions for access to the communication technology. The
subpoena may command the person to whom it is directed to
produce designated books, papers, documents, or tangible things
that constitute or contain evidence relating to any of the matters
within the scope of the examination permitted by rule 12.280(c), but
in that event the subpoena will then be subject to the provisions of
rule 12.280(d) and subdivision (c) of this rule. Within 10 days after
its service, or on or before the time specified in the subpoena for
compliance if the time is less than 10 days after service, the person
to whom the subpoena is directed may serve written objection to
inspection or copying of any of the designated materials. If objection
is made, the party serving the subpoena shallis not be entitled to
inspect and copy the materials except pursuant to an order of the
court from which the subpoena was issued. If objection has been
made, the party serving the subpoena may move for an order at any
time before or during the taking of the deposition upon notice to the
deponent.

(2) A person may be required to attend an examination
only in the county in which the person resides or is employed or
transacts business in person or at such another convenient place
as may be fixed by an order of court.

(f) [No Change]
(g) Depositions before Commissioners Appointed in this
State by Courts of Other States; Subpoena Powers; etc. When
any person authorized by the laws of Florida to administer oaths is
appointed by a court of record of any other state, jurisdiction, or
government as commissioner to take the testimony of any named
witness within this state, that witness may be compelled to attend
and testify before that commissioner by witness subpoena issued by
the clerk of any circuit court at the instance of that commissioner
or by other process or proceedings in the same manner as if that

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commissioner had been appointed by a court of this state; provided
that no. No document or paper writing shallcan be compulsorily
annexed as an exhibit to suchthe deposition or otherwise
permanently removed from the possession of the witness producing
it, but in lieu thereof a copy may be annexed to and transmitted
with suchthe executed commission to the court of issuance.
(h) [No Change]

Committee Note

[No Change]

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