Fl. R. Civ. P. form 1.922

As amended through October 28, 2024

Form 1.922 - SUBPOENA DUCES TECUM WITHOUT DEPOSITION

(a)When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Clerk.

SUBPOENA DUCES TECUM

THE STATE OF FLORIDA:

TO ..........

YOU ARE COMMANDED to appear at .......... in .......... Florida, on .....(date)....., at ......(a.m./p.m.), and to have with you at that time and place the following: ..........

These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.

If you fail to:

(1) appear as specified; or

(2) furnish the records instead of appearing as provided above; or

(3) object to this subpoena,

you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.

DATED on ..........

(Name of Clerk)

As Clerk of the Court

By ______________

As Deputy Clerk

. ....(Name of Attorney).....

Attorney for .....(Name of Client).....

. ....Address.....

. ....(Telephone number).....

. ....(E-mail address(es)).....

Florida Bar No. ..........

If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition 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.

(b) When Witness Must Appear and Produce the Records; Issuance by Clerk.

SUBPOENA DUCES TECUM

THE STATE OF FLORIDA:

TO ..........:

YOU ARE COMMANDED to appear at ..........in .........., Florida, on

. ....(date)....., at ......(a.m./p.m.), and to have with you at that time and place the following: ...........

These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.

If you fail to:

(1) appear or furnish the records at the time and place specified instead of appearing; or

(2) object to this subpoena,

you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed.

DATED on ...........

(Name of Clerk)

As Clerk of the Court

By __________

As Deputy Clerk

. ....(Name of Attorney).....

Attorney for .....(Name of Client).....

. ....Address.....

. ....(Telephone number).....

. ....(E-mail address(es)).....

Florida Bar No. ..........

(c) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Attorney of Record.

SUBPOENA DUCES TECUM

THE STATE OF FLORIDA:

TO . .........:

YOU ARE COMMANDED to appear at ..........in .........., Florida, on .....(date)....., at ......(a.m./p.m.), and to have with you at that time and place the following: ...........

If you fail to:

(1) appear as specified; or

(2) furnish the records instead of appearing as provided above; or

(3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.

DATED on ...........

(Name of Attorney)

For the Court

. ....(Name of Attorney).....

Attorney for .....(Name of Client).....

. ....Address.....

. ....(Telephone number).....

. ....(E-mail address(es)).....

Florida Bar No. ..........

(d) When Witness Must Appear and Produce the Records; Issuance by Attorney of Record.

THE STATE OF FLORIDA:

TO . .........:

YOU ARE COMMANDED to appear at ..........in .........., Florida, on .....(date)....., at ......(a.m./p.m.), and to have with you at that time and place the following: ...........

If you fail to:

(1) appear or furnish the records at the time and place specified instead of appearing; or

(2) object to this subpoena,

DATED on ...........

(Name of Attorney)

For the Court

. ....(Name of Attorney).....

Attorney for .....(Name of Client).....

. ....Address.....

. ....(Telephone number).....

. ....(E-mail address(es)).....

Florida Bar No. ..........

Fl. R. Civ. P. form 1.922

Amended by 199 So.3d 867, effective 1/1/2017; amended by 131 So.3d 643, effective 1/1/2014; amended by 966 So.2d 943, effective 1/1/2008; amended by 682 So.2d 105, effective 1/1/1997; added by 391 So.2d 165, effective 1/1/1981; added by 211 So.2d 174, effective 10/1/1968.

These forms are to be used for production of documents under rule 1.351. Form (a) is used when the person having the records may furnish copies to the attorney requesting the subpoena instead of appearing at the time and place specified in the subpoena and the subpoena is to be issued by the clerk. Form (b) is used when the records must be produced at the time and place specified in the subpoena and the subpoena is to be issued by the clerk. Form (c) is used when the person having the records may furnish copies to the attorney requesting the subpoena instead of appearing at the time and place specified in the subpoena and the subpoena is to be issued by an attorney of record. Form (d) is used when the records must be produced at the time and place specified in the subpoena and the subpoena is to be issued by an attorney of record.

Committee Notes

1980 Adoption. This form is new.

1996 Amendment. Forms (a) and (b) were amended and forms (c) and (d) were added to comply with amendments to rules 1.351 and 1.410.

2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.