Florida Process Servers Now Able To Post Deposition Subpoena After 1 Attempt

SB672 recently passed in Florida, allowing process servers in the state to post subpoenas for depositions for criminal witnesses after 1 attempt has been made.

Any other type of subpoena, including those for trial or any one hearing aside from a deposition, for criminal witnesses still requires three attempts. After the three attempts the subpoena may be posted.

In both situations, the subpoena must be posted at least five days before the witness’s required appearance.

Here is the complete bill text (underlined text represents additions):

1

2         An act relating to service of process; amending s.

3         48.031, F.S.; authorizing a criminal witness subpoena

4         commanding a witness to appear for a deposition to be

5         posted at the witness’s residence by an authorized

6         person if one attempt to serve the subpoena has

7         failed; reenacting ss. 48.196(2) and 409.257(5), F.S.,

8         to incorporate the amendment made to s. 48.031, F.S.,

9         in references thereto; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1. Paragraph (b) of subsection (3) of section

14  48.031, Florida Statutes, is amended to read:

15         48.031 Service of process generally; service of witness

16  subpoenas.—

17         (3)

18         (b) A criminal witness subpoena commanding the witness to

19  appear for a court appearance may be posted by a person

20  authorized to serve process at the witness’s residence if three

21  attempts to serve the subpoena, made at different times of the

22  day or night on different dates, have failed. A criminal witness

23  subpoena commanding the witness to appear for a deposition may

24  be posted by a person authorized to serve process at the

25  witness’s residence if one attempt to serve the subpoena has

26  failed. The subpoena must be posted at least 5 days before prior

27  to the date of the witness’s required appearance.

28         Section 2. Subsection (2) of s. 48.196 and subsection (5)

29  of s. 409.257, Florida Statutes, are reenacted for the purpose

30  of incorporating the amendment made by this act to s. 48.031,

31  Florida Statutes, in references thereto.

32         Section 3. This act shall take effect July 1, 2015.