IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULE OF PROCEDURE 12.410
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The Florida Supreme Court adopted amendments to Florida Family Law Rule of Procedure 12.410 regarding subpoenas, aligning the family law rule with the corresponding civil procedure rule by deleting the requirement that notice of a subpoena be served on all parties on the same day the subpoena is served.
The Court adopted the amendments to Rule 12.410 as proposed, deleting subdivision (d)(2) requiring same-day notice to all parties and modifying subdivision (d)(1) to reference Rule 12.351(c) for production of documents by nonparties without deposition. The amendments align the family law rule with the civil procedure rule and take effect January 1, 2022.
[1] Florida Family Law Rule of Procedure 12.410 is amended to conform to Florida Rule of Civil Procedure 1.410 regarding subpoena service requirements.
[2] The requirement for a party issuing a subpoena to serve notice to each party to a proceeding on the same day the subpoena is served is deleted from Florida Family Law Rul…
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Join FLexlaw to unlock all legal intelligence“Thus, with these amendments, the language of the rule now matches the text of Florida Rule of Civil Procedure 1.410 (Subpoena), which does not require notice of a subpoena to be served on each party to a proceeding on the same day of service.”
Explains the purpose and effect of the amendments—to align the family law rule with the civil procedure rule
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Family Law Rules Committee proposed amendments to Rule 12.410 (Subpoena). The Committee approved the amendments by a vote of 15-0-1,…
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PER CURIAM.
The Florida Bar’s Family Law Rules Committee (Committee) proposes amending Florida Family Law Rule of Procedure 12.410 (Subpoena). See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. 1 The Committee approved the proposed amendments by a vote of 15-0-1, and the Florida Bar Board of Governors recommends adopting the amendments by a vote of 46-1. The Committee filed the proposed amendments with the Court and the Court published the proposal for comment. However, no comments were received.
1. See art. V, § 2(a), Fla. Const. We adopt the amendments to rule 12.410 as proposed by the Committee. First, we delete the number and title of subdivision (d)(1) (Service; Generally). Next, we replace the phrase “if not served by an officer authorized to do so” in subdivision (d)(1) with the phrase “except as applicable under rule 12.351(c) for the production of documents and things by a nonparty without deposition, if not served by an officer authorized by law to do so.” Further, we delete subdivision (d)(2) (Service; Notice of Subpoena to Parties)—requiring a party issuing a subpoena to serve notice to each party to a proceeding on the same day the subpoena is served—in its entirety.
Thus, with these amendments, the language of the rule now matches the text of Florida Rule of Civil Procedure 1.410 (Subpoena), which does not require notice of a subpoena to be served on each party to a proceeding on the same day of service.
Accordingly, we amend Florida Family Law Rule of Procedure 12.410 as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struckthrough type. These amendments shall take effect on January 1, 2022, at 12:01 a.m.
It is so ordered. -2-CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER