Fla. Admin. Code Ann. R. 61B-50.127 - Subpoenas and Witnesses; Fees
(1) A
subpoena requiring the attendance of witnesses or the production of documents,
whether for purposes of discovery or for purposes of a final hearing, may be
served by any person authorized by law to serve process or by any person who is
not a party and who is of majority age, as provided in Rule 1.410, Florida
Rules of Civil Procedure, or as that rule may subsequently be renumbered. Proof
of such service shall be made by affidavit of the person making service if not
served by an officer authorized by law to do so.
(2) All witnesses, other than public
employees subpoenaed to appear in their official capacity, appearing pursuant
to a subpoena shall be paid such fees and mileage for their attendance as set
forth in Section 92.142, Florida Statutes, or as
that statute may subsequently be renumbered. In the case of a public employee,
such expenses shall be processed and paid in the manner provided for agency
employee travel expense reimbursement; and, in the case of a witness who is not
a public employee, payment of such fees and expenses shall accompany the
subpoena.
(3) Any party or any
person upon whom a subpoena is served or to whom a subpoena is directed may
file a motion to quash or for protective order.
(4) Subpoenas shall be issued from the
arbitrator in blank except for the case style, the case number, the name,
address and telephone number of the attorney or party requesting issuance of
the subpoena and the signature of the arbitrator assigned. Subpoenas shall be
completed and served by the party requesting issuance of the
subpoenas.
Notes
Specific Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255 FS.
New 7-1-82, Formerly 7D-50.19, 7D-50.019, Amended 1-17-93, Formerly 7D-50.127, Amended 1-19-97, 6-24-04.
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