Q: in florida can a notice of deposition duces tecum be done by an attorney to make me bring records and documents
if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template
A: If you are a party to the case then the notice is enough. If you are not a party then there should be a subpoena.
Anthony M. Avery , Anwar Elias Hadeed and Barbara Billiot Stage agree with this answer
1 user found this answer helpful
A: A notice is sufficient if you are the party.
Anwar Elias Hadeed agrees with this answer
1 user found this answer helpful
A:
In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re requesting documents from a non-party, you’ll need to issue a Subpoena Duces Tecum.
Templates are usually available online or through your local court’s website. Ensure the notice includes the case details, deposition date, location, and a clear list of requested documents.
A:
Yes, in Florida, an attorney can issue a notice of deposition duces tecum, which requires you to appear for a deposition and bring specific documents or records. This notice is typically directed to a party in the case or a witness. If you are required to provide documents, the notice should clearly specify what you need to bring.
If you want to serve the other party, you generally serve the notice through their attorney of record. Florida rules require that all communications and notices be sent to the opposing party’s attorney if they are represented. You do not need to include the word "subpoena" in the notice itself for a party in the case; however, if you are seeking documents or testimony from a non-party, a subpoena may be necessary.
For templates, you can search for "Florida notice of deposition duces tecum template" online or refer to the Florida Rules of Civil Procedure for guidance. Be sure your notice complies with the rules regarding timing and specificity, and include details about the time, date, location, and items requested. If in doubt, you may want to confirm your process aligns with court rules to avoid any procedural issues.
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