When may a Florida party issue a nonparty subpoena after notice served with original process?

Obtain the actual process and accompanying-notice records for every party and identify the last-served party.

Read the actual proposed subpoena and confirm that this request seeks nonparty documents without a custodian deposition.

Check every actual party objection and court ruling before attempting issuance or production.

1. Obtain the actual process and accompanying-notice records for every party and identify the last-served party.
2. Rule 1.351(b) distinguishes ten-day email or delivery notice, fifteen-day mailed notice and the forty-five-day original-process branch. Read the actual notices and applicable Rule 2.514 computation before establishing a complete timetable. This guide does not compute or sell an issuance date. A notice minimum is distinct from subpoena service, objections and the actual reasonable production time.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

Rule 1.351 supplies a minimum notice interval rather than one unconditional deadline. Every required party’s notice, the applicable process branch, actual party objections, issuance authority, nonparty service and the custodian’s separate objection right must be established. An isolated ten-, fifteen- or forty-five-day preset cannot determine complete permission to issue or produce.

The notice requires the proposed subpoena and actual production details

Rule 1.351(b) requires the proposed subpoena with the notice, specifying time, place and method of production, the producer’s name and address, the requested items, the right to object and no required surrender of originals. Notice goes to every other party, not to the nonparty custodian.

Actual party objections stop production pending resolution

Paragraph (b) specifies objection periods of ten days after email or delivery notice, fifteen after United States mail notice and forty-five in the process branch. With a timely party objection, documents or things cannot be produced pending Rule 1.351(d) resolution. A pending dispute does not disappear merely because an isolated interval elapsed.

Issuance and service require the prescribed authority and proof

Rule 1.351(c) permits attorney-of-record issuance or clerk issuance with the certificate when the stated no-objection condition is met. The subpoena must be identical to the proposed copy and cannot command custodian testimony. Prescribed service or delivery and written confirmation remain necessary.

The nonparty retains a separate preproduction objection right

Paragraph (c) permits the nonparty to object at any time before production. No production occurs under this rule after that objection. The current paragraph permits relief under Rule 1.310; the separately dated 2027 condition below explains the amended resolution routes. The party’s notice waiting interval is not the custodian’s complete objection period.

Location, copies and costs remain separate conditions

Rule 1.351(c) permits production only in the county where the custodian resides, where the documents or things are located, or where the custodian usually conducts business, and provides a copy-delivery option with reasonable prepaid costs. Paragraph (e) addresses copies for requesting other parties. The minimum interval establishes none of those facts.

The January 1, 2027 amendment changes objection detail and resolution

SC2025-0646 and SC2025-0660, issued October 1, 2026, take effect January 1, 2027 at 12:01 a.m. New Rule 1.351(b)(6) requires specific objection grounds and reasons, without a new blanket court-filing requirement. Amended paragraph (c)(7) stops production until the objection is resolved under paragraph (d) or by agreement. The opinion also preserves requesting production at a deposition under Rule 1.310 in compliance with Rule 1.350. The notice intervals themselves remain ten, fifteen and forty-five days. Before that effective time, the current compiled text controls.

Current disclosure sequencing concerns seeking discovery

Rule 1.280(f)(1), effective June 19, 2025, requires this party to serve initial disclosures on the other party before seeking discovery, except as authorized by stipulation or court order. It does not itself replace a served request’s response period with sixty days or permit a recipient to ignore the request. Check the actual covered proceeding, historical initial-disclosure exception, stipulation, protective order and request separately.

• This page does not establish valid service, pleading sufficiency, waived defenses or permission to extend a period.
• Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

• Obtain the actual process and accompanying-notice records for every party and identify the last-served party.
• Read the actual proposed subpoena and confirm that this request seeks nonparty documents without a custodian deposition.
• Check every actual party objection and court ruling before attempting issuance or production.
• Rule 1.351(b) requires the proposed subpoena with the notice, specifying time, place and method of production, the producer’s name and address, the requested items, the right to object and no required surrender of originals. Notice goes to every other party, not to the nonparty custodian.
• Paragraph (b) specifies objection periods of ten days after email or delivery notice, fifteen after United States mail notice and forty-five in the process branch. With a timely party objection, documents or things cannot be produced pending Rule 1.351(d) resolution. A pending dispute does not disappear merely because an isolated interval elapsed.
• Rule 1.351(c) permits attorney-of-record issuance or clerk issuance with the certificate when the stated no-objection condition is met. The subpoena must be identical to the proposed copy and cannot command custodian testimony. Prescribed service or delivery and written confirmation remain necessary.
• Paragraph (c) permits the nonparty to object at any time before production. No production occurs under this rule after that objection. The current paragraph permits relief under Rule 1.310; the separately dated 2027 condition below explains the amended resolution routes. The party’s notice waiting interval is not the custodian’s complete objection period.
• Rule 1.351(c) permits production only in the county where the custodian resides, where the documents or things are located, or where the custodian usually conducts business, and provides a copy-delivery option with reasonable prepaid costs. Paragraph (e) addresses copies for requesting other parties. The minimum interval establishes none of those facts.
• SC2025-0646 and SC2025-0660, issued October 1, 2026, take effect January 1, 2027 at 12:01 a.m. New Rule 1.351(b)(6) requires specific objection grounds and reasons, without a new blanket court-filing requirement. Amended paragraph (c)(7) stops production until the objection is resolved under paragraph (d) or by agreement. The opinion also preserves requesting production at a deposition under Rule 1.310 in compliance with Rule 1.350. The notice intervals themselves remain ten, fifteen and forty-five days. Before that effective time, the current compiled text controls.
• Rule 1.280(f)(1), effective June 19, 2025, requires this party to serve initial disclosures on the other party before seeking discovery, except as authorized by stipulation or court order. It does not itself replace a served request’s response period with sixty days or permit a recipient to ignore the request. Check the actual covered proceeding, historical initial-disclosure exception, stipulation, protective order and request separately.
• Give every other party the required notice and proposed subpoena. Do not send the notice or proposed copy to the nonparty. After establishing the proper branch and no unresolved timely party objection, the attorney of record may issue the identical noticed subpoena or seek clerk issuance with the prescribed certificate. Serve the subpoena under Rule 1.410(d), or by the stated mail or commercial-delivery method with written confirmation identifying date, name and signature, filed as Rule 1.351(c) requires. Preserve the actual production location, copy arrangements and reasonable costs. The nonparty may object before production, which separately stops production. Before January 1, 2027, the current paragraph (c) provides relief under Rule 1.310. From January 1, 2027, amended paragraph (c)(7) requires resolution under paragraph (d) or agreement, with the opinion preserving the deposition alternative under Rules 1.310 and 1.350. Rule 1.351(d) requires the motion and hearing notice to reach the objecting party or nonparty under the operative edition. Court filing and actual notice, subpoena service and production are different acts.