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Fla. R. Juv. P. 8.041

Witness Attendance and Subpoenas

activein force · 2026-01-01 – presentact-effective-date

(a) Attendance. A witness summoned by a subpoena in an

adjudicatory hearing shall remain in attendance at the adjudicatory

hearing until excused by the court or by both parties. A witness

who departs without being excused properly may be held in

criminal contempt of court.

(b) Subpoenas Generally.

(1) Subpoenas for testimony before the court and

subpoenas for production of tangible evidence before the court may

be issued by the clerk of the court, by any attorney of record in an

action, or by the court on its own motion.

(2) Except as otherwise required by this rule, the

procedure for issuance of a subpoena (except for a subpoena duces

tecum) by an attorney of record in a proceeding shall be as provided

in the Florida Rules of Civil Procedure.

(c) Subpoenas for Testimony or Production of Tangible

Evidence.

(1) Every subpoena for testimony or production of

tangible evidence before the court shall be issued by an attorney of

record in an action or by the clerk under the seal of the court. The

subpoena shall state the name of the court and the title of the

action and shall command each person to whom it is directed to

attend and give testimony or produce evidence at a time and place

specified.

(2) On oral request of an attorney of record, and

without a witness praecipe, the clerk shall issue a subpoena for

testimony before the court or a subpoena for tangible evidence

before the court. The subpoena shall be signed and sealed but

otherwise blank, both as to the title of the action and the name of

the person to whom it is directed. The subpoena shall be filled in

before service by the attorney.

(d) Subpoenas for Production of Tangible Evidence. If a

subpoena commands the person to whom it is directed to produce

the books, papers, documents, or tangible things designated in it,

the court, on motion made promptly and in any event at or before

the time specified in the subpoena for compliance with it, may

(1) quash or modify the subpoena if it is unreasonable

and oppressive, or

(2) condition denial of the motion on 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.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
0bd386ce7940fe5cd01fa92fd928321506ee778a82b059c02a0c09289a2706f0
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Fla. R. Juv. P. 8.041 — Witness Attendance and Subpoe… · binding.law