eLaws of Florida

  SECTION 92.251. Uniform Interstate Depositions and Discovery Act.  


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  • 1(1) 2SHORT TITLE.4-5This section may be cited as the “Uniform Interstate Depositions and Discovery Act.”
    18(2) 19DEFINITIONS.20-21As used in this section, the term:
    28(a) 29“Foreign jurisdiction” means a state other than this state.
    38(b) 39“Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.
    56(c) 57“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
    89(d) 90“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
    128(e) 129“Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to:
    1471. 148Attend and give testimony at a deposition;
    1552. 156Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
    1833. 184Permit inspection of premises under the control of the person.
    194(3) 195ISSUANCE OF SUBPOENA.198-
    199(a) 200To request issuance of a subpoena under this section, a party from a foreign jurisdiction must submit a foreign subpoena to a clerk of court in the county in this state in which discovery is sought. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this state.
    258(b) 259When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
    299(c) 300A subpoena pursuant to paragraph (b) shall:
    3071. 308Incorporate the terms used in the foreign subpoena; and
    3172. 318Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
    350(4) 351SERVICE OF SUBPOENA.354-355A subpoena issued by a clerk of court under subsection (3) must be served in compliance with the laws of this state and the Florida Rules of Civil Procedure.
    384(5) 385DEPOSITION, PRODUCTION, AND INSPECTION.389-390The laws and rules of this state govern and apply to all subpoenas issued under subsection (3).
    407(6) 408APPLICATION TO COURT.411-412An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under subsection (3) must comply with the statutes and rules of this state and be submitted to the court in the county in which discovery is to be conducted.
    464(7) 465UNIFORMITY OF APPLICATION AND CONSTRUCTION.470-471In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
    502(8) 503INAPPLICABILITY TO CRIMINAL PROCEEDINGS.507-508This act does not apply to criminal proceedings.
History.-ss. 1, 2, 3, ch. 59-250; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 1, ch. 2019-13.

Note

Note.-Former s. 90.25.

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