Can subpoenas be mailed in the state of florida
In the state of Florida, subpoenas can be served by mail, but there are specific requirements and limitations that must be followed. Here are some guidelines:
- Florida Rule of Civil Procedure 1.420(e): This rule allows for service by mail of a subpoena on a party or non-party witness. However, the subpoena must be served by certified mail, return receipt requested, and the party being served must be given at least 14 days' notice before the date of the deposition or other proceeding.
- Florida Statute 48.193: This statute allows for service by mail of a subpoena on a non-party witness. The subpoena must be served by certified mail, return receipt requested, and the witness must be given at least 14 days' notice before the date of the deposition or other proceeding.
- Notice of Intent to Take Deposition: Before serving a subpoena by mail, the party serving the subpoena must file a Notice of Intent to Take Deposition with the court. This notice must include the name and address of the party or witness being served, the date and time of the deposition, and the location where the deposition will be taken.
- Proof of Service: The party serving the subpoena by mail must file proof of service with the court. This can be done by attaching a copy of the return receipt to the proof of service.
It's important to note that service by mail is only allowed for parties and non-party witnesses who are not in the military or a foreign country. If the party or witness is in the military or a foreign country, service must be made in accordance with the Florida Rules of Civil Procedure or the Florida Statutes.
In summary, subpoenas can be mailed in the state of Florida, but only if the requirements of Florida Rule of Civil Procedure 1.420(e) and Florida Statute 48.193 are followed. The party serving the subpoena must file a Notice of Intent to Take Deposition with the court, serve the subpoena by certified mail, return receipt requested, and file proof of service with the court.