Law Office Of Paulette Hamilton Divorce Lawyers | August 21, 2025 | Family Law
Subpoenas are common in Orlando family law cases, particularly during divorce, custody disputes, and child support matters. You may receive one yourself, or your attorney might issue one to obtain records that the other party refuses to provide.
A subpoena is a court order requiring someone to testify or produce documents such as pay stubs, bank statements, or school records. Receiving one can be stressful—especially if you’re unsure how it affects your case—but consulting a Florida family law attorney can help you understand your obligations, avoid costly mistakes, and protect your rights.
Ignoring a subpoena can result in serious penalties, including being held in contempt of court.
Types of Subpoenas in Florida
Florida uses a few different kinds of subpoenas, depending on what the case needs. Here are some common types:
- Subpoena ad testificandum: This type of subpoena requires a person to appear and provide testimony under oath, either in court, at a hearing, or during a deposition. It’s essentially an order to show up and answer questions as part of the legal process.
- Subpoena duces tecum: This subpoena compels someone to produce documents or other tangible evidence. It may involve financial records, text messages, emails, medical files, school records, or any other materials the court needs to review.
- Deposition subpoena: Common in complex or contentious family law cases, this subpoena is issued during the discovery phase and can require a person to give testimony or provide documents outside of court, often before a trial date is set.
Each type of subpoena serves a specific purpose, ensuring that courts and attorneys can gather the testimony or evidence needed to move a case forward.
Who Can Issue a Subpoena in Florida?
Several parties have the authority to issue subpoenas, depending on the type of case and circumstances:
- Judges: Can issue subpoenas as part of their judicial authority.
- Court clerks: May issue subpoenas under certain court procedures.
- Attorneys: In most family law cases, your lawyer can issue subpoenas to obtain necessary records or testimony, such as financial documents from an employer during a divorce.
- Government agencies: Often involved in child support cases, issuing subpoenas to gather essential information.
In short, subpoenas are tools used by authorized parties to ensure the court has all the information needed to make fair and informed decisions.
What Must Be Included in a Subpoena?
To be valid, a subpoena must include:
- The name of the court
- The title of the case
- The time, date, and location for the appearance or production of documents
In Florida, clerks can issue blank subpoenas that attorneys then complete and serve. This process ensures all parties have the information they need while following court rules.
How Are Subpoenas Served in Florida?
Under Florida Statute §48.031 and Florida Family Law Rule 12.410(e), a subpoena must be served at least five days before the required appearance or production. Someone has to physically hand the subpoena to the person named in it, or to a responsible adult at their home or job.
Proper service is critical. If a subpoena isn’t served correctly, it may not be enforceable, so you may not get the documents and testimony you’re hoping for.
Subpoena Rules in Family Law Cases
Family law cases follow Florida Rules of Family Procedure Rule 12.410, which mirrors the civil rules but applies specifically to matters like divorce, custody, and child support. In family court, subpoenas may be used to:
- Compel a witness to testify about parenting capacity
- Request employment or income records for support calculations
- Obtain medical or school records related to a child’s well-being
These subpoenas help ensure both sides have access to the information needed for a fair outcome. A Florida family law attorney can help you request or respond to subpoenas properly so your rights stay protected.
Legal Protections and Limits
While subpoenas are powerful legal tools, they come with important restrictions to protect fairness and privacy:
- Minors: Cannot be required to appear in court without proper safeguards; a parent or guardian is typically present unless a judge rules otherwise.
- Privileged communications: Conversations with your lawyer, therapist, or other protected relationships may be exempt from disclosure.
- Overly broad or harassing requests: If a subpoena demands excessive, irrelevant, or intrusive information, your attorney can request that the court limit or cancel it.
These safeguards ensure subpoenas are used appropriately and do not force individuals to share sensitive or irrelevant information. If a subpoena seems questionable, legal guidance can help protect your rights.
Why Subpoenas Matter in Family Law Cases
In divorce, custody, and other family law disputes, subpoenas can be essential for uncovering the truth. They can aid in:
- Compelling cooperation: Forces individuals to provide testimony or documents they’ve been withholding.
- Revealing hidden assets: Can expose secret bank accounts, undisclosed income, or concealed property.
- Gathering witness accounts: Allows teachers, relatives, or others with relevant knowledge to share what they’ve seen.
- Obtaining critical records: Ensures access to documents that the other party refuses to share voluntarily.
In family law, the truth may not surface on its own—subpoenas help ensure that all relevant information is brought to light so the court can make informed decisions.
Contact our Orlando Family Law Attorneys at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
For more information, contact our experienced Orlando family law attorneys at Law Office Of Paulette Hamilton Divorce Lawyers to schedule a free consultation. We serve all through Florida and it’s surrounding areas. Visit our office at:
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