IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE - FORMS 12.911(A)-(E)

Supreme Court of Florida

____________

No. SC21-1172 ____________

IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE—FORMS 12.911(a)-(e).

March 24, 2022

PER CURIAM.

This matter is before the Court for consideration of proposed amendments to Florida Family Law Rule of Procedure Forms 12.911(a) (Subpoena for Hearing or Trial (Issued by Clerk)), 12.911(b) (Subpoena for Hearing or Trial (Issued by Attorney)), 12.911(c) (Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk)), 12.911(d) (Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney)), and 12.911(e) (Subpoena for Deposition (Issued by Clerk)). See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See art. V, § 2(a), Fla. Const. In In re Amendments to Florida Family Law Rule of Procedure 12.407, 259 So. 3d 752 (Fla. 2018), this Court amended rule 12.407 (Testimony and Attendance of Minor Child) to clarify that children who are witnesses, potential witnesses, or related to the family law case are prohibited from being brought to court or a deposition or being subpoenaed without an order of the court. The Florida Bar’s Family Law Rules Committee (Committee) has filed a report proposing amendments to forms 12.911(a)-(e), which reference rule 12.407, to ensure they reflect the 2018 amendment to the rule. The Committee and the Board of Governors of The Florida Bar approved the proposed amendments. The Committee published its proposals for comment prior to filing them with the Court and received no comments. After the Committee filed its report, the Court published the proposals for comment. One comment was received in support of the proposed amendments, and the Committee filed a response. Having considered the proposed amendments, the comment, and the Committee’s response, the Court hereby amends Florida Family Law Rule of Procedure Forms 12.911(a)-(e) as proposed by the Committee, with minor technical corrections. First, the second paragraph in the instructions to forms 12.911(a)-(e) is rewritten to state that “unless otherwise provided by law or another rule of procedure, children who are witnesses,

potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown.” Additionally, throughout the forms’ instructions, references to the Rules of Judicial Administration are amended to reflect the updated name, the Rules of General Practice and Judicial Administration. See In re Amends. to Fla. Rules of Jud. Admin.— 2020 Regular-Cycle Report, 310 So. 3d 374 (Fla. 2021). Accordingly, forms 12.911(a)-(e) are hereby amended as set forth in the appendix to this opinion. The forms are fully engrossed and ready for use. The forms may also be accessed and downloaded from the Florida State Courts’ website at https://www.flcourts.org/Resources-Services/Office-of-Family- Courts/Family-Courts/Family-Law-Forms. The amendments shall become effective April 1, 2022, at 12:01 a.m. It is so ordered. CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

Ashley Elizabeth Taylor, Chair, Family Law Rules Committee, Tampa, Florida, Joshua E. Doyle, Executive Director, and Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Heather L. Apicella, Chair, Family Law Section of The Florida Bar, Boca Raton, Florida, Kristin R.H. Kirkner, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Tampa, Florida, and Jack A. Moring, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Crystal River, Florida,

Responding with comments

Instructions for Florida Family Law Rules of Procedure Form 12.911(a), Subpoena for Hearing or Trial (Issued By Clerk) (04/22)

APPENDIX

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM

12.911(a) SUBPOENA FOR HEARING OR TRIAL (ISSUED BY CLERK) (04 /22) When should this form be used? This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. This form should be typed or printed in black ink. After you complete the form, you will need to take it to the clerk of the circuit court’s office to obtain the clerk or deputy clerk’s signature. The party issuing the subpoena should also sign it. NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)–(b). What should I do next? The form must be served on the other party/parties and witness(es) in accordance with Florida Rule of General Practice and Judicial Administration 2.516. This form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516. 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. The words that are in bold underline in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.410. Nonlawyer: 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 a 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.

Florida Family Law Rules of Procedure Form 12.911(a), Subpoena for Hearing or Trial (Issued By Clerk) (04/22)

IN THE CIRCUIT COURT OF THE ___________________ JUDICIAL CIRCUIT, IN AND FOR ______________________COUNTY, FLORIDA Case No.: ___________________

Division: ___________________

In re: ___________________________ ________________________________ ,

Petitioner, and ________________________________,

Respondent. SUBPOENA FOR HEARING OR TRIAL (ISSUED BY CLERK) THE STATE OF FLORIDA: TO ___________________________, YOU ARE COMMANDED to appear before the Honorable {name} _______________________________, Judge of the Court, at the ________________________________________ County Courthouse in {city} ________________________, Florida, on {date} ___________________, at {time} ____________, to testify in this action. If you fail to appear you may be held in contempt of court.

You are subpoenaed to appear by the following party, and unless you are excused from this subpoena by the party, or court, you must respond to this subpoena as directed. DATE: _________________________

_________________________________________

DEPUTY CLERK

_________________________________________ {Print, type, or stamp the name of the deputy clerk} {Party}: ____________________________

{Address}: ___________________________

____________________________________

{Telephone Number}: ___________________

{E-mail address(es)}: ____________________

Florida Family Law Rules of Procedure Form 12.911(a), Subpoena for Hearing or Trial (Issued By Clerk) (04/22)

CERTIFICATE OF SERVICE

I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} ______________________________. Other party or his/her attorney: Name: __________________________ Address: ________________________ City, State, Zip: __________________ Telephone Number: ______________ Fax Number: ____________________ E-mail Address(es): _______________

Other party or his/her attorney: Name: _________________________

Address: ________________________

City, State, Zip: __________________

Telephone Number: ______________

Fax Number: ____________________

E-mail Address(es): _______________

Other party or his/her attorney: Name: __________________________

Address: ________________________

City, State, Zip: ___________________

Telephone Number: _______________

Fax Number: _____________________

E-mail Address(es): ________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

_____________________________________

Signature of Party or his/her Attorney

Printed Name: __________________________

Address: _______________________________

City, State, Zip: __________________________

Telephone Number:_______________________

Fax Number_____________________________

E-mail Address(es): _______________________

STATE OF FLORIDA

COUNTY OF _______________________

Sworn to or affirmed and signed before me on _______________ by ____________________________.

Florida Family Law Rules of Procedure Form 12.911(a), Subpoena for Hearing or Trial (Issued By Clerk) (04/22)

______________________________________________________

NOTARY PUBLIC or DEPUTY CLERK

______________________________________________________

{Print, type or stamp commissioned name of notary or deputy clerk}

____ Personally known

_____ Produced identification

Type of identification produced _________________________

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.

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 prepared with the assistance of: {name of individual} ______________________________________________________________, {name of business} ______________________________________________________________, {address} _______________________________________________________________________, {city} ______________________, {state} ______ ___, {telephone number} ____________________.

Instructions for Florida Family Law Rules of Procedure Form 12.911(b), Subpoena for Hearing or Trial (Issued by Attorney) (04/22)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE

FORM 12.911(b) SUBPOENA FOR HEARING OR TRIAL (ISSUED BY ATTORNEY) (04/22) When should this form be used? This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. This form should be typed or printed in black ink. The attorney issuing the subpoena should sign it. NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)–(b). What should I do next? The form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516.

Florida Family Law Rules of Procedure Form 12.911(b), Subpoena for Hearing or Trial (Issued by Attorney) (04/22)

IN THE CIRCUIT COURT OF____________________ JUDICIAL CIRCUIT, IN AND FOR _______________________________COUNTY, FLORIDA Case No.: ______________________

Division: ______________________

In re: __________________________

________________________________,

Petitioner, and ________________________________

Respondent.

SUBPOENA FOR HEARING OR TRIAL

THE STATE OF FLORIDA

TO {name(s)} ______________________________________ YOU ARE COMMANDED to appear before the Honorable {name} _____________________________, Judge of the Court, at the _________________________________________County Courthouse in {city} ________________________, Florida, on {date}___________________at {time} _________________, to testify in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by the attorney you must respond to the subpoena as directed. DATE: _______________________

_______________________________________ ATTORNEY for {party}

FOR THE COURT

_______________________________________ [Print or type the name of the attorney] {Address}: _____________________________ ______________________________________ {Telephone Number}: _____________________ {Florida Bar No.}: ________________________ {E-mail address(es)}: _____________________

Florida Family Law Rules of Procedure Form 12.911(b), Subpoena for Hearing or Trial (Issued by Attorney) (04/22)

CERTIFICATE OF SERVICE

I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} _______________________________. Other party or his/her attorney: Name: _____________________________

Address: ____________________________

City, State, Zip: _______________________

Telephone Number: ___________________

Fax Number: __________________________

E-mail Address(es): _____________________

Other party or his/her attorney: Name: _____________________________________

Address: ____________________________________

City, State, Zip: _______________________________

Telephone Number: ___________________________ Fax Number: __________________________________

E-mail Address(es): _____________________________

Other party or his/her attorney: Name: _____________________________________

Address: ____________________________________

City, State, Zip: ______________________________

Telephone Number: __________________________

Fax Number: _______________________________

E-mail Address(es): __________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment. _______________________________________ Signature of Party or his/her Attorney Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Email Address(es): ________________________

Florida Family Law Rules of Procedure Form 12.911(b), Subpoena for Hearing or Trial (Issued by Attorney) (04/22)

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

_____ Personally known

_____ Produced identification

Type of identification produced

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.

Instructions for Florida Family Law Rules of Procedure Form 12.911(c), Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk) (04/22)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE

FORM 12.911(c) SUBPOENA DUCES TECUM FOR HEARING OR TRIAL (ISSUED BY CLERK) (04/22) When should this form be used? This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. It also requires that they bring specified items with them. This form should be typed or printed in black ink. After you complete the form, you will need to take it to the clerk of the circuit court’s office to obtain the clerk or deputy clerk’s signature. The party issuing the subpoena should also sign it. NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)–(b). What should I do next? The form must be served on the other party/parties and witness(es) in accordance with Florida Rule of General Practice and Judicial Administration 2.516. The form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516. 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. The words that are in bold underline in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.410.

Nonlawyer: 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 a 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.

Florida Family Law Rules of Procedure Form 12.911(c), Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk) (04/22)

IN THE CIRCUIT COURT OF THE___________________________JUDICIAL CIRCUIT, IN AND FOR_____________________________________COUNTY, FLORIDA Case No.: _________________________

Division: _________________________

In re: ___________________________ _________________________________

Petitioner, and ________________________________

Respondent.

SUBPOENA DUCES TECUM FOR HEARING OR TRIAL (ISSUED BY CLERK) THE STATE OF FLORIDA: TO _______________________,

YOU ARE COMMANDED to appear before the Honorable {name} ______________________________, Judge of the Court, at the ___________________________ County Courthouse in {city} _____________________, Florida, on {date}_______________________at {time}_________________to testify in this action and to have with you at that time and place the following: ____________________________________________________________________________________. If you fail to appear you may be held in contempt of court. You are subpoenaed to appear by the Clerk of the Court on behalf of the party indicated below, and unless you are excused from this subpoena by the party indicated below, or court, you must respond to this subpoena as directed. DATE: __________________________ __________________________________________

DEPUTY CLERK

[Print, type, or stamp the name of the deputy clerk] {Party}: __________________________ {Address}:

{Telephone Number}: _______________ {E-mail address(es)}:

Florida Family Law Rules of Procedure Form 12.911(c), Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk) (04/22)

CERTIFICATE OF SERVICE

I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} ___________________________. Other party or his/her attorney: Name: __________________________________

Address: _________________________________

City, State, Zip: ____________________________

Telephone Number: _________________________

Fax Number: _______________________________

E-mail Address(es):

Other party or his/her attorney: Name: _____________________________________

Address: ____________________________________

City, State, Zip: _______________________________

Telephone Number: ___________________________

Fax Number: _________________________________

E-mail Address(es):

Other party or his/her attorney: Name: ________________________________________

Address: ______________________________________

City, State, Zip: __________________________________

Telephone Number: ______________________________

Fax Number: ___________________________________

E-mail Address(es): _______________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Signature of Party or his/her Attorney Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Email Address(es): _______________________

Florida Family Law Rules of Procedure Form 12.911(c), Subpoena Duces Tecum for Hearing or Trial (Issued by Clerk) (04/22)

STATE OF FLORIDA

COUNTY OF ________________________

Sworn to or affirmed and signed before me on _______________by ____________________________.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

___ Personally known

___ Produced identification

Type of identification produced ______

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.

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 prepared with the assistance of: {name of individual} _______________________________________________________________, {name of business} ________________________________________________________________,

{address} ________________________________________________________________________, {city}

,{state}_____________ {telephone number} __________________.

Instructions for Florida Family Law Rules of Procedure Form 12.911(d), Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney) (04/22)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE

FORM 12.911(d)

SUBPOENA DUCES TECUM FOR HEARING OR TRIAL (ISSUED BY ATTORNEY) (04/22) When should this form be used? This form is used to require the appearance of witnesses at a trial or a hearing and also to notify the other party(ies) of those witnesses you have subpoenaed as required by Florida Family Law Rule of Procedure 12.410. It also requires that they bring specified items with them. This form should be typed or printed in black ink. The attorney party issuing the subpoena should sign it. NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)-(b). What should I do next? The form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516.

Florida Family Law Rules of Procedure Form 12.911(d), Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney) (04/22)

IN THE CIRCUIT COURT OF THE

JUDICIAL CIRCUIT,

IN AND FOR

COUNTY, FLORIDA

Case No.: ____________________________

Division: ____________________________

In re: ___________________________ _______________________________ ,

Petitioner, and _______________________________ ,

Respondent.

SUBPOENA DUCES TECUM FOR HEARING OR TRIAL

THE STATE OF FLORIDA: TO ___________________________,

YOU ARE COMMANDED to appear before the Honorable {name} _______________________________, Judge of the Court, at the ___________________________ County Courthouse in {city} _____________, Florida, on {date} _________________, at {time} ________________, to testify in this action and to have with you at that time and place the following: ____________________________________________________________________________________. If you fail to appear you may be held in contempt of court.

You are subpoenaed to appear by the Clerk of the Court on behalf of the party indicated below, and unless you are excused from this subpoena by the party indicated below, or court, you must respond to this subpoena as directed. DATE: ______________________________

{Name of Attorney} _____________________

FOR THE COURT

Attorney for {party} _____________________ {Address}: ______________________________

{Telephone Number}:

{Florida Bar No.}: ________________________ {E-mail address(es)}: ______________________

Florida Family Law Rules of Procedure Form 12.911(d), Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney) (04/22)

CERTIFICATE OF SERVICE

I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date }___________________________. Other party or his/her attorney: Name: _________________________________

Address: ________________________________

City, State, Zip: ___________________________

Telephone Number: ________________________

Fax Number: ______________________________

E-mail Address(es): _________________________

Other party or his/her attorney: Name: _____________________________________

Address: ___________________________________

City, State, Zip: ______________________________

Telephone Number: __________________________

Fax Number: ________________________________

E-mail Address(es): __________________________

Other party or his/her attorney: Name: _________________________________________

Address: _______________________________________

City, State, Zip: _________________________________

Telephone Number: ______________________________

Fax Number: ___________________________________

E-mail Address(es): ______________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Signature of Party or his/her Attorney Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Email Address(es):________________________

Florida Family Law Rules of Procedure Form 12.911(d), Subpoena Duces Tecum for Hearing or Trial (Issued by Attorney) (04/22)

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

_____ Personally known

_____ Produced identification

Type of identification produced

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.

Instructions for Florida Family Law Rules of Procedure Form 12.911(e), Subpoena for Deposition (Issued by Clerk) (04/22)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE

FORM 12.911(e) SUBPOENA FOR DEPOSITION (ISSUED BY CLERK) (04/22)

When should this form be used? This form is used to require the appearance of witnesses at a deposition and also to notify the other party(ies) of those witnesses you have subpoenaed as required by the Florida Family Law Rule of Procedure 12.410. This form should be typed or printed in black ink. The party issuing the subpoena should sign it and then take it to the clerk of the circuit court’s office to obtain the deputy clerk’s signature. NOTE: Under Florida Family Law Rule of Procedure 12.407, unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case are prohibited from being subpoenaed to appear at any family law proceeding or from attending any family law proceedings without prior order of the court based on good cause shown. See Forms 12.944(a)–(b). What should I do next? The form must be served on the witness(es) in accordance with Florida law and notice must also be given to the other parties in accordance with Florida Family Law Rule of Procedure 12.410 and with Florida Rule of General Practice and Judicial Administration 2.516. 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. The words that are in bold underline in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.410. Nonlawyer: 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 a 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.

Florida Family Law Rules of Procedure Form 12.911(e), Subpoena for Deposition (Issued by Clerk) (04/22)

IN THE CIRCUIT COURT OF THE ________________________ JUDICIAL CIRCUIT, IN AND FOR _______________________________COUNTY, FLORIDA

Case No.: __________________________

Division: ___________________________

In re: ___________________________ ________________________________

Petitioner, and ________________________________

Respondent.

SUBPOENA FOR DEPOSITION (ISSUED BY CLERK) THE STATE OF FLORIDA: TO ___________________________

YOU ARE COMMANDED to appear before a person authorized to take depositions at {address}

. If you fail to appear you may be held in contempt of court. You are subpoenaed to appear by the clerk of the circuit court on behalf of the party indicated below, and unless you are excused from this subpoena by the party indicated below or the court, you must respond to this subpoena as directed. DATE: ___________________________

DEPUTY CLERK

[Print, type, or stamp the name of the deputy clerk] {Party}: _______________________

{Address}: ______________________

_______________________________ {Telephone Number}: ______________ {E-mail address(es)}:

Florida Family Law Rules of Procedure Form 12.911(e), Subpoena for Deposition (Issued by Clerk) (04/22)

CERTIFICATE OF SERVICE

I certify that a copy of this document was [choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} __________________________. Other party or his/her attorney: Name: ___________________________________

Address: __________________________________

City, State, Zip: ____________________________

Telephone Number: ________________________

Fax Number: ______________________________

E-mail Address(es): _________________________

Other party or his/her attorney: Name: _____________________________________

Address: ____________________________________

City, State, Zip: ______________________________

Telephone Number: ___________________________

Fax Number: __________________________________

E-mail Address(es): ____________________________

Other party or his/her attorney: Name: _____________________________________

Address: ____________________________________

City, State, Zip: ______________________________

Telephone Number: __________________________

Fax Number: _________________________________

E-mail Address(es):

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this document and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Signature of Party or his/her Attorney Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Email Address(es): ________________________

Florida Family Law Rules of Procedure Form 12.911(e), Subpoena for Deposition (Issued by Clerk) (04/22)

STATE OF FLORIDA

COUNTY OF ________________________

Sworn to or affirmed and signed before me on _______________by ____________________________.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

___ Personally known

___ Produced identification

Type of identification produced ______

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.

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 prepared with the assistance of: {name of individual}

, {name of business} ________________________________________________________________,

{address} ________________________________________________________________________ {city}

, {state} _______________, {telephone number}

.