Full text
In Re: Amendments to Florida Family Law Rules of Procedure - Forms 12.911(a)-(e)
Supreme Court of Florida ____________
No. SC21-1172 ____________
IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE—FORMS 12.911(a)-(e).
March 24, 2022
PER CURIAM.
This matter is before the Court for consideration of proposed amendments to Florida Family Law Rule of Procedure Forms 12.911(a) (Subpoena for Hearing or Trial (Issued by Clerk)), 12.911(b) (Subpoena for Hearing or Trial (Issued by Attorney)), 12.911(c) (Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk)), 12.911(d) (Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney)), and 12.911(e) (Subpoena for Deposition (Issued by Clerk)). See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See art. V, § 2(a), Fla. Const.
In In re Amendments to Florida Family Law Rule of Procedure 12.407, 259 So. 3d 752 (Fla. 2018), this Court amended rule 12.407 (Testimony and Attendance of Minor Child) to clarify that children who are witnesses, potential witnesses, or related to the family law case are prohibited from being brought to court or a deposition or being subpoenaed without an order of the court.
The Florida Bar’s Family Law Rules Committee (Committee) has filed a report proposing amendments to forms 12.911(a)-(e), which reference rule 12.407, to ensure they reflect the 2018 amendment to the rule. The Committee and the Board of Governors of The Florida Bar approved the proposed amendments. The Committee published its proposals for comment prior to filing them with the Court and received no comments. After the Committee filed its report, the Court published the proposals for comment. One comment was received in support of the proposed amendments, and the Committee filed a response.
Having considered the proposed amendments, the comment, and the Committee’s response, the Court hereby amends Florida Family Law Rule of Procedure Forms 12.911(a)-(e) as proposed by the Committee, with minor technical corrections.
First, the second paragraph in the instructions to forms 12.911(a)-(e) is rewritten to state that “unless otherwise provided by
law or another rule of procedure, children who are witnesses, -2-
potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown.”
Additionally, throughout the forms’ instructions, references to the Rules of Judicial Administration are amended to reflect the updated name, the Rules of General Practice and Judicial Administration. See In re Amends. to Fla. Rules of Jud. Admin.— 2020 Regular-Cycle Report, 310 So. 3d 374 (Fla. 2021).
Accordingly, forms 12.911(a)-(e) are hereby amended as set forth in the appendix to this opinion. The forms are fully engrossed and ready for use. The forms may also be accessed and downloaded from the Florida State Courts’ website at https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms. The amendments shall become effective April 1, 2022, at 12:01 a.m.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. -3-
Original Proceeding – Florida Family Law Rules of Procedure
Ashley Elizabeth Taylor, Chair, Family Law Rules Committee, Tampa, Florida, Joshua E. Doyle, Executive Director, and Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
Heather L. Apicella, Chair, Family Law Section of The Florida Bar, Boca Raton, Florida, Kristin R.H. Kirkner, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Tampa, Florida, and Jack A. Moring, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Crystal River, Florida,
Responding with comments
-4-
APPENDIX
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.911(a) SUBPOENA FOR HEARING OR TRIAL (ISSUED BY CLERK) (04 /22)
When should this form be used?
This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. This form should be typed or printed in black ink. After you complete the form, you will need to take it to the clerk of the circuit court’s office to obtain the clerk or deputy clerk’s signature. The party issuing the subpoena should also sign it.
NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)–(b).
What should I do next?
The form must be served on the other party/parties and witness(es) in accordance with Florida Rule of General Practice and Judicial Administration 2.516.
This form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.410.
Nonlawyer: Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
Instructions for Florida Family Law Rules of Procedure Form 12.911(a), Subpoena for Hearing or Trial (Issued By Clerk) (04/22)
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IN THE CIRCUIT COURT OF THE ___________________ JUDICIAL CIRCUIT, IN AND FOR ______________________COUNTY, FLORIDA
Case No.: ___________________ Division: ___________________
In re: ___________________________
________________________________ , Petitioner, and
________________________________, Respondent.
SUBPOENA FOR HEARING OR TRIAL (ISSUED BY CLERK)
THE STATE OF FLORIDA: TO ___________________________,
YOU ARE COMMANDED to appear before the Honorable {name} _______________________________, Judge of the Court, at the ________________________________________ County Courthouse in {city} ________________________, Florida, on {date} ___________________, at {time} ____________, to testify in this action. If you fail to appear you may be held in contempt of court.
You are subpoenaed to appear by the following party, and unless you are excused from this subpoena by the party, or court, you must respond to this subpoena as directed.
DATE: _________________________
_________________________________________ DEPUTY CLERK
_________________________________________ {Print, type, or stamp the name of the deputy clerk}
{Party}: ____________________________ {Address}: ___________________________ ____________________________________ {Telephone Number}: ___________________ {E-mail address(es)}: ____________________
Florida Family Law Rules of Procedure Form 12.911(a), Subpoena for Hearing or Trial (Issued By Clerk) (04/22)
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CERTIFICATE OF SERVICE
I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} ______________________________.
Other party or his/her attorney: Name: __________________________ Address: ________________________ City, State, Zip: __________________ Telephone Number: ______________ Fax Number: ____________________ E-mail Address(es): _______________
Other party or his/her attorney: Name: _________________________ Address: ________________________ City, State, Zip: __________________ Telephone Number: ______________ Fax Number: ____________________ E-mail Address(es): _______________
Other party or his/her attorney: Name: __________________________ Address: ________________________ City, State, Zip: ___________________ Telephone Number: _______________ Fax Number: _____________________ E-mail Address(es): ________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
_____________________________________ Signature of Party or his/her Attorney Printed Name: __________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number:_______________________ Fax Number_____________________________ E-mail Address(es): _______________________ STATE OF FLORIDA COUNTY OF _______________________
Sworn to or affirmed and signed before me on _______________ by ____________________________. Florida Family Law Rules of Procedure Form 12.911(a), Subpoena for Hearing or Trial (Issued By Clerk) (04/22)
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______________________________________________________ NOTARY PUBLIC or DEPUTY CLERK
______________________________________________________ {Print, type or stamp commissioned name of notary or deputy clerk}
____ Personally known _____ Produced identification
Type of identification produced _________________________
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: __________________________________________________________________ {identify applicable court personnel by name, address, and telephone number} at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the {choose only one} ( ) Petitioner ( ) Respondent This form was prepared with the assistance of: {name of individual} ______________________________________________________________, {name of business} ______________________________________________________________, {address} _______________________________________________________________________, {city} ______________________, {state} _________, {telephone number} ____________________.
Florida Family Law Rules of Procedure Form 12.911(a), Subpoena for Hearing or Trial (Issued By Clerk) (04/22)
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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.911(b) SUBPOENA FOR HEARING OR TRIAL (ISSUED BY ATTORNEY) (04/22)
When should this form be used?
This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. This form should be typed or printed in black ink. The attorney issuing the subpoena should sign it.
NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)–(b).
What should I do next?
The form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516.
Instructions for Florida Family Law Rules of Procedure Form 12.911(b), Subpoena for Hearing or Trial (Issued by Attorney) (04/22)
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IN THE CIRCUIT COURT OF____________________ JUDICIAL CIRCUIT, IN AND FOR _______________________________COUNTY, FLORIDA
Case No.: ______________________ Division: ______________________
In re: __________________________
________________________________, Petitioner, and
________________________________ Respondent.
SUBPOENA FOR HEARING OR TRIAL
THE STATE OF FLORIDA TO {name(s)} ______________________________________
YOU ARE COMMANDED to appear before the Honorable {name} _____________________________, Judge of the Court, at the _________________________________________County Courthouse in {city} ________________________, Florida, on {date}___________________at {time} _________________, to testify in this action. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by the attorney you must respond to the subpoena as directed.
DATE: _______________________
_______________________________________ ATTORNEY for {party} FOR THE COURT
_______________________________________ [Print or type the name of the attorney] {Address}: _____________________________ ______________________________________ {Telephone Number}: _____________________ {Florida Bar No.}: ________________________ {E-mail address(es)}: _____________________
Florida Family Law Rules of Procedure Form 12.911(b), Subpoena for Hearing or Trial (Issued by Attorney) (04/22)
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CERTIFICATE OF SERVICE
I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} _______________________________.
Other party or his/her attorney: Name: _____________________________ Address: ____________________________ City, State, Zip: _______________________ Telephone Number: ___________________ Fax Number: __________________________ E-mail Address(es): _____________________
Other party or his/her attorney: Name: _____________________________________ Address: ____________________________________ City, State, Zip: _______________________________ Telephone Number: ___________________________ Fax Number: __________________________________ E-mail Address(es): _____________________________
Other party or his/her attorney: Name: _____________________________________ Address: ____________________________________ City, State, Zip: ______________________________ Telephone Number: __________________________ Fax Number: _______________________________ E-mail Address(es): __________________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
_______________________________________ Signature of Party or his/her Attorney Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Email Address(es): ________________________
Florida Family Law Rules of Procedure Form 12.911(b), Subpoena for Hearing or Trial (Issued by Attorney) (04/22)
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STATE OF FLORIDA COUNTY OF
Sworn to or affirmed and signed before me on by .
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or deputy clerk.]
_____ Personally known _____ Produced identification Type of identification produced
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: __________________________________________________________________ {identify applicable court personnel by name, address, and telephone number} at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Florida Family Law Rules of Procedure Form 12.911(b), Subpoena for Hearing or Trial (Issued by Attorney) (04/22)
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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.911(c) SUBPOENA DUCES TECUM FOR HEARING OR TRIAL (ISSUED BY CLERK) (04/22)
When should this form be used?
This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. It also requires that they bring specified items with them. This form should be typed or printed in black ink. After you complete the form, you will need to take it to the clerk of the circuit court’s office to obtain the clerk or deputy clerk’s signature. The party issuing the subpoena should also sign it.
NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)–(b).
What should I do next?
The form must be served on the other party/parties and witness(es) in accordance with Florida Rule of General Practice and Judicial Administration 2.516. The form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.410.
Nonlawyer: Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
Instructions for Florida Family Law Rules of Procedure Form 12.911(c), Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk) (04/22)
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IN THE CIRCUIT COURT OF THE___________________________JUDICIAL CIRCUIT, IN AND FOR_____________________________________COUNTY, FLORIDA
Case No.: _________________________ Division: _________________________
In re: ___________________________
_________________________________ Petitioner, and
________________________________ Respondent.
SUBPOENA DUCES TECUM FOR HEARING OR TRIAL (ISSUED BY CLERK)
THE STATE OF FLORIDA: TO _______________________, YOU ARE COMMANDED to appear before the Honorable {name} ______________________________, Judge of the Court, at the ___________________________ County Courthouse in {city} _____________________, Florida, on {date}_______________________at {time}_________________to testify in this action and to have with you at that time and place the following:
____________________________________________________________________________________. If you fail to appear you may be held in contempt of court.
You are subpoenaed to appear by the Clerk of the Court on behalf of the party indicated below, and unless you are excused from this subpoena by the party indicated below, or court, you must respond to this subpoena as directed.
DATE: __________________________
__________________________________________ DEPUTY CLERK
[Print, type, or stamp the name of the deputy clerk]
{Party}: __________________________ {Address}:
{Telephone Number}: _______________ {E-mail address(es)}: Florida Family Law Rules of Procedure Form 12.911(c), Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk) (04/22)
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CERTIFICATE OF SERVICE
I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} ___________________________.
Other party or his/her attorney: Name: __________________________________ Address: _________________________________ City, State, Zip: ____________________________ Telephone Number: _________________________ Fax Number: _______________________________ E-mail Address(es):
Other party or his/her attorney: Name: _____________________________________ Address: ____________________________________ City, State, Zip: _______________________________ Telephone Number: ___________________________ Fax Number: _________________________________ E-mail Address(es):
Other party or his/her attorney: Name: ________________________________________ Address: ______________________________________ City, State, Zip: __________________________________ Telephone Number: ______________________________ Fax Number: ___________________________________ E-mail Address(es): _______________________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Signature of Party or his/her Attorney Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Email Address(es): _______________________
Florida Family Law Rules of Procedure Form 12.911(c), Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk) (04/22)
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STATE OF FLORIDA COUNTY OF ________________________
Sworn to or affirmed and signed before me on _______________by ____________________________.
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or deputy clerk.]
___ Personally known ___ Produced identification Type of identification produced ______
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: __________________________________________________________________ {identify applicable court personnel by name, address, and telephone number} at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the {choose only one} ( ) Petitioner ( ) Respondent This form was prepared with the assistance of: {name of individual} _______________________________________________________________, {name of business} ________________________________________________________________, {address} ________________________________________________________________________, {city} ,{state}_____________ {telephone number} __________________.
Florida Family Law Rules of Procedure Form 12.911(c), Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk) (04/22)
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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.911(d) SUBPOENA DUCES TECUM FOR HEARING OR TRIAL (ISSUED BY ATTORNEY) (04/22)
When should this form be used?
This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. It also requires that they bring specified items with them. This form should be typed or printed in black ink. The attorney party issuing the subpoena should sign it.
NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)-(b).
What should I do next?
The form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516.
Instructions for Florida Family Law Rules of Procedure Form 12.911(d), Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney) (04/22)
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IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA
Case No.: ____________________________ Division: ____________________________
In re: ___________________________
_______________________________ , Petitioner, and
_______________________________ , Respondent.
SUBPOENA DUCES TECUM FOR HEARING OR TRIAL
THE STATE OF FLORIDA: TO ___________________________,
YOU ARE COMMANDED to appear before the Honorable {name} _______________________________, Judge of the Court, at the ___________________________ County Courthouse in {city} _____________, Florida, on {date} _________________, at {time} ________________, to testify in this action and to have with you at that time and place the following: ____________________________________________________________________________________. If you fail to appear you may be held in contempt of court.
You are subpoenaed to appear by the Clerk of the Court on behalf of the party indicated below, and unless you are excused from this subpoena by the party indicated below, or court, you must respond to this subpoena as directed.
DATE: ______________________________
{Name of Attorney} _____________________ FOR THE COURT
Attorney for {party} _____________________ {Address}: ______________________________
{Telephone Number}: {Florida Bar No.}: ________________________ {E-mail address(es)}: ______________________
Florida Family Law Rules of Procedure Form 12.911(d), Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney) (04/22)
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CERTIFICATE OF SERVICE
I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date }___________________________.
Other party or his/her attorney: Name: _________________________________ Address: ________________________________ City, State, Zip: ___________________________ Telephone Number: ________________________ Fax Number: ______________________________ E-mail Address(es): _________________________
Other party or his/her attorney: Name: _____________________________________ Address: ___________________________________ City, State, Zip: ______________________________ Telephone Number: __________________________ Fax Number: ________________________________ E-mail Address(es): __________________________
Other party or his/her attorney: Name: _________________________________________ Address: _______________________________________ City, State, Zip: _________________________________ Telephone Number: ______________________________ Fax Number: ___________________________________ E-mail Address(es): ______________________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Signature of Party or his/her Attorney Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Email Address(es):________________________
Florida Family Law Rules of Procedure Form 12.911(d), Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney) (04/22)
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STATE OF FLORIDA COUNTY OF
Sworn to or affirmed and signed before me on by .
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or deputy clerk.]
_____ Personally known _____ Produced identification Type of identification produced
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: __________________________________________________________________ {identify applicable court personnel by name, address, and telephone number} at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Florida Family Law Rules of Procedure Form 12.911(d), Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney) (04/22)
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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.911(e) SUBPOENA FOR DEPOSITION (ISSUED BY CLERK) (04/22)
When should this form be used?
This form is used to require the appearance of witnesses at a deposition and also to notify the other party(ies) of those witnesses you have subpoenaed as required by the Florida Family Law Rule of Procedure 12.410. This form should be typed or printed in black ink. The party issuing the subpoena should sign it and then take it to the clerk of the circuit court’s office to obtain the deputy clerk’s signature.
NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)–(b).
What should I do next?
The form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.410.
Nonlawyer: Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
Instructions for Florida Family Law Rules of Procedure Form 12.911(e), Subpoena for Deposition (Issued by Clerk) (04/22)
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IN THE CIRCUIT COURT OF THE ________________________ JUDICIAL CIRCUIT, IN AND FOR _______________________________COUNTY, FLORIDA
Case No.: __________________________ Division: ___________________________ In re: ___________________________
________________________________ Petitioner, and
________________________________ Respondent.
SUBPOENA FOR DEPOSITION (ISSUED BY CLERK) THE STATE OF FLORIDA: TO ___________________________
YOU ARE COMMANDED to appear before a person authorized to take depositions at {address} . If you fail to appear you may be held in contempt of court.
You are subpoenaed to appear by the clerk of the circuit court on behalf of the party indicated below, and unless you are excused from this subpoena by the party indicated below or the court, you must respond to this subpoena as directed.
DATE: ___________________________
DEPUTY CLERK
[Print, type, or stamp the name of the deputy clerk] {Party}: _______________________ {Address}: ______________________ _______________________________ {Telephone Number}: ______________ {E-mail address(es)}:
Florida Family Law Rules of Procedure Form 12.911(e), Subpoena for Deposition (Issued by Clerk) (04/22)
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CERTIFICATE OF SERVICE
I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} __________________________.
Other party or his/her attorney: Name: ___________________________________ Address: __________________________________ City, State, Zip: ____________________________ Telephone Number: ________________________ Fax Number: ______________________________ E-mail Address(es): _________________________
Other party or his/her attorney: Name: _____________________________________ Address: ____________________________________ City, State, Zip: ______________________________ Telephone Number: ___________________________ Fax Number: __________________________________ E-mail Address(es): ____________________________
Other party or his/her attorney: Name: _____________________________________ Address: ____________________________________ City, State, Zip: ______________________________ Telephone Number: __________________________ Fax Number: _________________________________ E-mail Address(es):
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Signature of Party or his/her Attorney Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Email Address(es): ________________________
Florida Family Law Rules of Procedure Form 12.911(e), Subpoena for Deposition (Issued by Clerk) (04/22)
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STATE OF FLORIDA COUNTY OF ________________________
Sworn to or affirmed and signed before me on _______________by ____________________________.
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or deputy clerk.]
___ Personally known ___ Produced identification Type of identification produced ______
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: __________________________________________________________________ {identify applicable court personnel by name, address, and telephone number} at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the {choose only one} ( ) Petitioner ( ) Respondent This form was prepared with the assistance of: {name of individual} , {name of business} ________________________________________________________________, {address} ________________________________________________________________________ {city} , {state} _______________, {telephone number} .
Florida Family Law Rules of Procedure Form 12.911(e), Subpoena for Deposition (Issued by Clerk) (04/22)
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