Clerk of the Circuit Court Homepage

Subpoenas

BLACK�S LAW DICTIONARY DEFINES A SUBPOENA AS �a command to appear at a certain time and place to give testimony upon a certain matter. A subpoena duces tecum requires production of book, papers and other things.�

FLORIDA RULE OF CIVIL PROCEDURE 1.410(a) STATES that, �Subpoenas for testimony before the court, subpoenas for production of tangible evidence, and subpoenas for taking depositions may be issued by the clerk of court or by any attorney of record in an action.�

Other terminology:
A DEPOSITION, as defined by Black�s Law Dictionary, is �The testimony of a witness taken upon oral question or written interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court�A pretrial discovery device by which one party (through his or her attorney) asks oral questions of the other party or of a witness for the other party.�

A PRAECIPE is an order addressed to the clerk requesting the issuance of a subpoena.

Fees and Service:
SUBPOENA ISSUANCE FEES and FEES FOR OTHER SERVICES are set by Florida Statute and Pinellas County Ordinances, and are subject to change. The current witness and signing and sealing fees may be determined by calling one of the offices listed at the bottom of the page or by referring to the current "Schedule of Services Charges" online or a Fee Schedule brochure available in any of the Clerk's office locations.
Clerk�s Offices where subpoenas may be issued.

SUBPOENAS MUST BE SERVED (i.e. hand-delivered) by a private Process Server, unless otherwise specified by the court.

For service outside of Pinellas County, please contact the Sheriff of the County where the subpoena is being served for additional information regarding service of court papers and fees for service.

Forms:
SMALL CLAIMS

SUBPOENA
(SC022-Rv.8/09)

This witness Subpoena must be served and is only used after a pre-trial hearing.

SUBPOENA DUCES TECUM FOR DEPOSITION
(SC021-Rv.1/05)

COUNTY OR CIRCUIT CIVIL

SUBPOENA
(CTCIV023-COCIV013-Rv.1/05)

This witness Subpoena must be served and is only used after a pre-trial hearing.

SUBPOENA DUCES TECUM FOR DEPOSITION
(CTCIV026-COCIV016-Rv.1/05)

The Florida Statutes (F.S.) and the Florida Rules of Civil Procedure (Fla.R.Civ.P.), Florida Rules of Criminal Procedure (Fla.R.Cr.P.) and the Florida Rules of Juvenile Procedure (Fla.R.Juv.P.) govern the procedures for issuing subpoenas in Civil, Criminal and Juvenile court cases.

Each subpoena may involve specific requirements that must be met either before or when the subpoena is issued. Please see the subpoena chart below and read further about these requirements and the Florida Rules of Procedure that apply specifically to each type of subpoena on the chart.

SUBPOENA TYPE	AUTHORITY	TO BE FILED	TIME FRAME
CIVIL DIVISION
Subpoena for Deposition	FLR.Civ.P.1.310	Notice of Taking Deposition	NONE
Subpoena Duces Tecum for Deposition	FL.R.Civ.P.1.310	Notice of Taking Deposition	NONE
Subpoena Duces Tecum in Aid of Execution	FL.R.Civ.P.1.560	Notice of Taking Deposition	NONE
Subpoena Duces Tecum without Deposition	FL.R.Civ.P.1.351	Notice of Production	15 days if mailed - 10 days if faxed/hand-delivered
Subpoena Duces Tecum for Production from Non-Party	FL.R.Civ.P.1.351	Notice of Production	" "
Subpoena for Hearing/Trial	FL.R.Civ.P.1.410	NONE	NONE
Subpoena Duces Tecum for Hearing/Trial	FL.R.Civ.P.1.410	NONE	NONE
Foreign (out-of-state case)	FS 92.251 FL.R.Civ.P.1.410	Notice of Taking Deposition or Notice of Production (if subpoena is for said act) -Motion for Commission -Order Granting Commission -Original Commission NOTE: Some states use a Rogatory instead of Commission. Also, they will have a Letter Rogatory instead of an Order Granting Commission and a Petition for Letter Rogatory instead of a Notice of Taking Deposition.	NONE
Foreign (local case w/subpoena to be issued in different state)		Notice of Taking Deposition -Order Granting Motion for Commission	NONE
CRIMINAL DIVISION
Witness Subpoena for Hearing/Trial	FS914.001	NONE	NONE
Subpoena Duces Tecum for Hearing/Trial	FS914.001	NONE	NONE
Witness Subpoena for Deposition	FL.R.CRIM.P.3.220	NONE	NONE
Subpoena Duces Tecum for Deposition	FL.R.CRIM.P.3.220 A.O.97-98	Order Granting Subpoena Duces Tecum for Deposition	NONE
JUVENILE DIVISION
Delinquency (juvenile delinquent case)	FL.R.JUV.P.8.040(c)	NONE	NONE
Dependency (juvenile dependent on an adult)	FL.R.JUV.P.8.255(a)(2)	NONE	NONE

OFFICE LOCATIONS
Clerk's Call Center: 727-464-7000
Hours: 8 a.m. and 5 p.m., excluding weekends and County Holidays.
Persons with disabilities requiring reasonable accommodations at the courthouse should call 727-464-4062, twenty-four (24) hours prior to arriving.

CIVIL COURT RECORDS, CLEARWATER COURTHOUSE
315 Court St., Room 170 ~ Clearwater, FL 33756

CRIMINAL COURT RECORDS, CRIMINAL JUSTICE CENTER
14250 49th Street, North ~ Clearwater, FL 33762

ST. PETERSBURG BRANCH OFFICE
545 First Avenue North ~ St. Petersburg, FL

Ken Burke, Clerk of the Circuit Court
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