Florida Statute 92.251 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.251

92.251 Uniform Interstate Depositions and Discovery Act.—

(1) SHORT TITLE.—This section may be cited as the “Uniform Interstate Depositions and Discovery Act.”

(2) DEFINITIONS.—As used in this section, the term:

(a) “Foreign jurisdiction” means a state other than this state.

(b) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.

(c) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(d) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

(e) “Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to:

1. Attend and give testimony at a deposition;

2. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

3. Permit inspection of premises under the control of the person.

(3) ISSUANCE OF SUBPOENA.—

(a) To request issuance of a subpoena under this section, a party from a foreign jurisdiction must submit a foreign subpoena to a clerk of court in the county in this state in which discovery is sought. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this state.

(b) When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

1. Incorporate the terms used in the foreign subpoena; and

2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(4) SERVICE OF SUBPOENA.—A subpoena issued by a clerk of court under subsection (3) must be served in compliance with the laws of this state and the Florida Rules of Civil Procedure.

(5) DEPOSITION, PRODUCTION, AND INSPECTION.—The laws and rules of this state govern and apply to all subpoenas issued under subsection (3).

(6) APPLICATION TO COURT.—An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under subsection (3) must comply with the statutes and rules of this state and be submitted to the court in the county in which discovery is to be conducted.

(7) UNIFORMITY OF APPLICATION AND CONSTRUCTION.—In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(8) INAPPLICABILITY TO CRIMINAL PROCEEDINGS.—This act does not apply to criminal proceedings.

History.—ss. 1, 2, 3, ch. 59-250; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 1, ch. 2019-13.

Note.—Former s. 90.25.

F.S. 92.251 on Google Scholar

F.S. 92.251 on Casetext

Amendments to 92.251

Arrestable Offenses / Crimes under Fla. Stat. 92.251

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.251.

Annotations, Discussions, Cases:

Cases Citing Statute 92.251

Total Results: 16

Luv N Care, Ltd. v. Nouri Ed Hakim

Court: District Court of Appeal of Florida | Date Filed: 2024-05-01

Snippet: and Discovery Act (“UIDDA”), codified in section 92.251, Florida Statutes (2022), which governs foreign

PROAMPAC HOLDINGS, INC. vs RCBA NUTRACEUTICALS, LLC D/B/A RONNIE COLEMAN SIGNATURE SERIES, WESTERN PACKAGING, INC. AND POLYFIRST PACKAGING, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-09-02

Snippet: Foreign subpoenas are covered by section 92.251, Florida Statutes, while long-arm jurisdiction

GISELLE LUGONES v. PHYSICIAN'S INDEMNITY RISK RETENTION GROUP, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-01-08

Snippet: petition for writ of certiorari is denied. See § 92.251(2)(b), Fla. Stat. (2019) (defining “foreign subpoena”

Ferrandino v. Riley

Court: District Court of Appeal of Florida | Date Filed: 2018-01-22

Citation: 236 So. 3d 493

Snippet: non-party witness who resides in Florida. See § 92.251(2), Fla. Stat. Florida law governs the enforcement

Quest Diagnostics Inc. v. Swaters

Court: District Court of Appeal of Florida | Date Filed: 2012-07-18

Citation: 94 So. 3d 635, 2012 WL 2913275, 2012 Fla. App. LEXIS 11702

Snippet: Foreign Depositions Law (UFDL) is codified in section 92.251, Florida Statutes. Georgia has adopted the Uniform

Greenlight Fin. Servs. v. Union Am. Mortg.

Court: District Court of Appeal of Florida | Date Filed: 2008-01-02

Citation: 971 So. 2d 983

Snippet: ("UFDL"), which Florida has enacted at section 92.251, Florida Statutes (1985). As part of the California

Reedy v. Safeco Insurance Co. of America

Court: District Court of Appeal of Florida | Date Filed: 1998-12-11

Citation: 721 So. 2d 803, 1998 Fla. App. LEXIS 15622, 1998 WL 852822

Snippet: commission. There is no requirement in section 92.251, Florida Statutes, or in Rule 1.410 that a commission

Killearn Properties, Inc. v. Department of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 1993-08-16

Citation: 623 So. 2d 771, 1993 Fla. App. LEXIS 8457, 1993 WL 309145

Snippet: BOOTH, Judge. This cause is before us on appeal from a final order of the Department of Community Affairs (DCA), finding appellants in violation of a development order (DO). Appellants raise myriad issues, but we address: (1) whether the DCA erred in determining that the DO imposed a date on which development was required to be completed; (2) whether the DCA erred in holding appellant Killearn Properties, Inc. (Killearn) responsible for abating violations of the DO by subsequent developers; and

Lopez v. Lopez

Court: District Court of Appeal of Florida | Date Filed: 1993-08-10

Citation: 622 So. 2d 153, 1993 Fla. App. LEXIS 8328, 1993 WL 302629

Snippet: PER CURIAM. No record of evidence received by the general master as to portions of proceedings in a domestic dissolution proceeding was filed with the trial court at the time of the filing of her reports, as is required by Fla.R.Civ.P. 1.490(f). Petrakis v. Petrakis, 597 So.2d 856 (Fla. 3d DCA 1992); Kay v. Kay, 430 So.2d 532 (Fla. 4th DCA 1983); Berk v. Berk, 423 So.2d 1018 (Fla. 4th DCA 1982). Accordingly, all subsequent actions based on such reports and recommendations, upon attack, are subject

Lusskin v. Department of Professional Regulation, Board of Medicine

Court: District Court of Appeal of Florida | Date Filed: 1992-12-09

Citation: 611 So. 2d 1, 1992 Fla. App. LEXIS 12707

Snippet: PER CURIAM. AFFIRMED. DOWNEY and DELL, JJ., concur. ANSTEAD, J., dissents with opinion.

Z.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-03-20

Citation: 596 So. 2d 723, 1992 Fla. App. LEXIS 2719

Snippet: PER CURIAM. The juveniles in these two cases were held in detention more than twenty-one days without an adjudicatory hearing in violation of section 39.044(5)(b), Florida Statutes (1991). Their motions for release were nonetheless denied by the trial court which instead extended the detention. Both juveniles then sought habeas corpus relief from this court. As is common in such cases where the time spans involved are of such short duration, the state’s responses to the petitions indicate that the

ZR v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-03-20

Citation: 596 So. 2d 723

Snippet: STATE of Florida, et al., Respondent. Nos. 92-250, 92-251. District Court of Appeal of Florida, Fifth District

Freedom Newspapers, Inc. v. Egly

Court: District Court of Appeal of Florida | Date Filed: 1987-05-29

Citation: 507 So. 2d 1180

Snippet: Depositions Law, which Florida has enacted at section 92.251 Florida Statutes (1985). Following rendition of

Reinhardt v. Northside Motors, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1985-12-04

Citation: 479 So. 2d 240, 10 Fla. L. Weekly 2685

Snippet: by the Uniform Foreign Depositions Law, Section 92.251, Florida Statutes (1983) and its counterpart, Section

Stark v. Regency Highland Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1982-07-28

Citation: 418 So. 2d 1058, 1982 Fla. App. LEXIS 21481

Snippet: of the Uniform Foreign Depositions Act, Section 92.251, Florida Statutes (1981). During the deposition

Travelers Indemnity Company v. Hill

Court: District Court of Appeal of Florida | Date Filed: 1980-10-01

Citation: 388 So. 2d 648, 1980 Fla. App. LEXIS 17304

Snippet: FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 92.251, Florida Statutes (Uniform Foreign Deposition Act):