How to Remove a Subpoena in Florida
A subpoena in Florida is issued by a court clerk; it includes the name of the judge presiding over a case. A subpoena can also be issued by a lawyer involved in a case. In Florida, a subpoenaing party is required to file a "Notice of Intent" to the party he wants to subpoena. This serves as a "Notice of Production" and should be issued 10 days prior to issuing the actual subpoena. During this period, both parties have time to decide whether they can resolve the case on their own. The Notice of Production means that, if the two parties agree to settle the claim out of court, there's no need to go through the process of withdrawing a subpoena.
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Instructions
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File for a withdrawal motion through a court court clerk in Florida. A court clerk will advise you on how to continue with the removal process and the consequences. You can also seek assistance from a lawyer, who'll do the paperwork for you. Both parties need to be in agreement for the withdrawal process to commence. The withdrawal motion should be presented to the presiding judge through the court clerk.
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Read through a copy of the court rules, which will be issued by the court clerk. In the state of Florida, the other party is required to be given time to go through the rules before the removal of a subpoena is accepted. The papers must be filed in the court where the case began and on the day when a judge listens to withdrawal motions. If necessary, enlist a lawyer to interpret the laws and rules.
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Submit a removal-motion form requesting the judge to withdraw the subpoena. This allows the judge to grant a removal request. Copies of the removal-motion form should be delivered to the other party. (A court clerk and you each keep one copy.) This can be done through personal delivery, mail or your attorney. Deliver a copy, supporting documents and a court case number to the court clerk. Including a supporting affidavit to the removal motion is useful because it details what led to the withdrawal of the subpoena.
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Prepare any further supporting documents that may be requested by the court as you wait for a response to the application. In Florida, you're required to wait for the days on which the judge presiding over the original case listens to subpoena-removal cases. A court clerk will inform you of the dates and a lawyer will schedule an appointment. Most judges request original documents and the original court motion that was filed.
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Provide a self-addressed envelope to a court clerk to deliver the judge's verdict. Many courts in Florida issue a judgment in written form rather than in open court.
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