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Fill and Sign the Florida Subpoena Form

Fill and Sign the Florida Subpoena Form

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INSTRUCTIONS FOR SUPREME COURT APPROVED FAMILY LAW FORMS 12.931(a), NOTICE OF PRODUCTION FROM NONPARTY AND 12.931(b), SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NONPARTY (11/15) When should these forms be used? These forms should be used if you need copies of documents (for a purpose relating to your case) from a nonparty in your case. Both forms should be typed or printed in black ink. Notice of Production from Nonparty , Florida Supreme Court Approved Family Law Form 12.931(a), is used to notify the other party in your case that in 10 days you are going to subpoena documents from a nonparty. Subpoena for Production of Documents from Nonparty , Florida Supreme Court Approved Family Law Form 12.931(b), is the actual subpoena directing the nonparty to produce specific documents. You must file the originals of these forms with the clerk of the circuit court . A copy of these forms must be mailed, e-mailed, or hand delivered to any other party in your case. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self- represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sherif or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index. SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be Instructions for Florida Supreme Court Approved Family Law Forms 12.931(a) Notice of Production from Nonparty and 12.931(b) Subpoena for Production of Documents from Nonparty (11/15) followed once the initial election is made. To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516. What should I do next? Ten days after you serve the Notice of Production from Nonparty , Florida Supreme Court Approved Family Law Form 12.931(a), on the other party in your case (15 days if service is by mail or e-mail), you should ask the clerk of the court to sign the subpoena. You should contact the deputy sherif or private process server and have the subpoena personally served on the person named in the subpoena. 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. Because these papers must also comply with rule 12.280, Florida Family Law Rule of Procedure, and rules 1.280, 1.350, 1.351, and 1.410, Florida Rules of Civil Procedure, you also should read those rules. Special Notes If the other party in your case objects in writing within 10 days (allow an additional 5 days if served by mail or e-mail) of service of the Notice of Production from Nonparty , Florida Supreme Court Approved Family Law Form 12.931(a), you may not use this procedure to obtain documents from the nonparty unless and until the court orders otherwise. The nonparty receiving the subpoena may charge you a reasonable fee for copies of the documents. 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 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 Supreme Court Approved Family Law Forms 12.931(a) Notice of Production from Nonparty and 12.931(b) Subpoena for Production of Documents from Nonparty (11/15) IN THE CIRCUIT COURT OF THE ______________________ JUDICIAL CIRCUIT, IN AND FOR _______________________ COUNTY, FLORIDA Case No.: _______________________________ Division: ________________________________ ____________________________________, Petitioner, and ____________________________________, Respondent. NOTICE OF PRODUCTION FROM NONPARTY TO: ______________________________________________________________________________ {all parties} YOU ARE NOTIFIED that, after 10 days from the date of service of this notice, the undersigned will apply to the clerk of this Court for issuance of the attached subpoena directed to {name of person, organization, or agency} ____________________________________________________________, who is not a party, to produce the items listed at the time and place specified in the subpoena. Objections to the issuance of this subpoena must be filed with the clerk of the circuit court within 10 days . I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand-delivered to the person(s) listed below on {date} _____________________________________________ . Other party or his/her attorney (if represented) Other_____________________________ ______________________________________ __________________________________ Printed Name Printed Name _______________________________________ __________________________________ Address Address _______________________________________ __________________________________ City, State, Zip City, State, Zip _______________________________________ __________________________________ Telephone (area code and number) Telephone (area code and number) _______________________________________ __________________________________ Fax (area code and number) Fax (area code and number) _______________________________________ __________________________________ Designated E-mail Address(es) Designated E-mail Address(es) Florida Supreme Court Approved Family Law Form 12.931(a) Notice of Production from Nonparty (11/15) ______________________________________ Signature of Party Printed Name: __________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Designated E-mail Address(es): _____________ _______________________________________ 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 completed with the assistance of: {name of individual} ____________________________________________________________________, {name of business} _____________________________________________________________________, {address} ____________________________________________________________________________, {city} __________________, {state} _____, {zip code} __________ , {telephone number} ______________. Florida Supreme Court Approved Family Law Form 12.931(a) Notice of Production from Nonparty (11/15) IN THE CIRCUIT COURT OF THE ______________________ JUDICIAL CIRCUIT, IN AND FOR _______________________ COUNTY, FLORIDA Case No.: _______________________________ Division: ________________________________ ____________________________________, Petitioner, and ____________________________________, Respondent. SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NONPARTY THE STATE OF FLORIDA TO: ______________________________________________________________________________ YOU MUST go to {place} _______________________________________________________________, on {date} ____________________, at {time} ____________________, a.m./p.m. and bring with you at that time and place the following: _________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ These items will be inspected and may be copied at that time. You will not have to leave the original items. You may obey this subpoena by providing readable copies of the items to be produced to the party or his/her attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon payment in advance of the reasonable cost of preparation. If you mail or deliver the copies to the attorney whose name appears on this subpoena before the date indicated above, you do not have to appear in person. You may be in contempt of court if you fail to: (1) appear as specified; (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena. You can only be excused by the person whose name appears on this subpoena and, unless excused by that person of the Court, you shall respond as directed. Florida Supreme Court Approved Family Law Form 12.931(b), Subpoena for Production from a Nonparty (11/15) This part to be filled out by the court or filled in with information obtained from the court: 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. Dated: ____________________ CLERK OF THE CIRCUIT COURT (SEAL) By: ___________________________________________ Deputy Clerk I CERTIFY that I gave notice to every other party to this action of my intent to serve a subpoena upon a person who is not a party to this action directing that person to produce documents or things without deposition. I also certify that no objection under Florida Rule of Civil Procedure 1.351 has been received by the undersigned within 10 days of service of this notice, if service was by hand-delivery or appropriate facsimile transmission, and within 15 days if service was by mail or e- mail. Dated: ____________________ ______________________________________ Signature of Party Printed Name: __________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Florida Supreme Court Approved Family Law Form 12.931(b), Subpoena for Production from a Nonparty (11/15) Designated E-mail Address(es): _____________ _______________________________________ 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 completed with the assistance of: {name of individual} ____________________________________________________________________, {name of business} _____________________________________________________________________, {address} ____________________________________________________________________________, {city} __________________, {state} _____, {zip code} __________ , {telephone number} ______________. Florida Supreme Court Approved Family Law Form 12.931(b), Subpoena for Production from a Nonparty (11/15)

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