Can a subpoena be mailed in florida
In Florida, a subpoena can be served by mail, but there are specific requirements that must be followed. Here are the rules:
Florida Statutes:
- Florida Statute 48.193(1) states that a subpoena may be served by mail if the person to be served is a party to the action or has a known address.
- Florida Statute 48.193(2) requires that the subpoena be sent by certified mail, return receipt requested, and that the return receipt be filed with the court.
Rules of Civil Procedure:
- Florida Rule of Civil Procedure 1.420(e) states that a subpoena may be served by mail if the person to be served is a party to the action or has a known address.
- Florida Rule of Civil Procedure 1.420(f) requires that the subpoena be sent by certified mail, return receipt requested, and that the return receipt be filed with the court.
Best Practices:
- When serving a subpoena by mail, it's a good idea to include a cover letter explaining the purpose of the subpoena and the date and time of the deposition or other proceeding.
- Make sure to use certified mail, return receipt requested, to ensure that the subpoena is received by the person to be served.
- Keep a record of the mailing, including the date and time of mailing, the tracking number, and the return receipt.
- File the return receipt with the court as required by Florida Statute 48.193(2) and Florida Rule of Civil Procedure 1.420(f).
Important Notes:
- If the person to be served is not a party to the action, a subpoena cannot be served by mail. Instead, it must be served personally or by a process server.
- If the person to be served is a party to the action, but has an unknown address, a subpoena cannot be served by mail. Instead, it must be served personally or by a process server.
In summary, a subpoena can be mailed in Florida, but it must be sent by certified mail, return receipt requested, and the return receipt must be filed with the court. It's also important to follow best practices and keep a record of the mailing.