Florida Statute 682.8 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 682
ARBITRATION CODE

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F.S. 682.08

682.08 Witnesses, subpoenas, depositions.—

(1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

(2) In order to make the proceedings fair, expeditious, and cost effective, upon request of a party to, or a witness in, an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

(3) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective.

(4) If an arbitrator permits discovery under subsection (3), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator’s discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.

(5) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.

(6) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.

(7) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.

(8) Fees for attendance as a witness shall be the same as for a witness in the circuit court.

History.—s. 7, ch. 57-402; s. 12, ch. 67-254; s. 726, ch. 97-102; s. 18, ch. 2013-232.

Note.—Former s. 57.17.

F.S. 682.08 on Google Scholar

F.S. 682.08 on CourtListener

Amendments to 682.08

Annotations, Discussions, Cases:

Cases Citing Statute 682.08

Total Results: 11

US Fidelity & Guar. Co. v. Romay

744 So. 2d 467

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 2037856

Cited 44 times | Published

Arbitration Code. See Florida Arbitration Code, § 682.08, Fla. Stat. (1989). [5] The construction of the

Sellers v. Government Employees Insurance Co.

214 So. 2d 879, 1968 Fla. App. LEXIS 5059

District Court of Appeal of Florida | Filed: Oct 8, 1968 | Docket: 1336325

Cited 16 times | Published

clearly allowable under the provisions of F.S. Section 682.08, F.S.A., formerly F.S. Section 57.17, F.S.A

Greenstein v. Baxas Howell Mobley, Inc.

583 So. 2d 402, 1991 WL 139149

District Court of Appeal of Florida | Filed: Jul 30, 1991 | Docket: 1284049

Cited 3 times | Published

subpoenaed or is unable to attend the hearing. § 682.08(2) Fla. Stat. (1989). In the case at bar, the

Tenet Healthcare Corp. v. Maharaj

859 So. 2d 1209, 2003 WL 22440979

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 1684306

Cited 2 times | Published

authorizes an arbitrator to order discovery. Section 682.08 explicitly allows the arbitrator to *1211 compel

Telesco Construction Management, Inc. v. National Concrete Preservation, Inc.

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313875

Published

after case had been compelled to arbitration); § 682.08, Fla. Stat. (providing for arbitrator’s authority

KRATOS INVESTMENTS LLC v. ABS HEALTHCARE SERVICES, LLC

District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144880

Published

decides is appropriate in the circumstances,” § 682.08(3), Fla. Stat., and enforce these rulings by

ANNE OBOLENSKY v. CHATSWORTH AT WELLINGTON GREEN d/b/a NUVISTA LIVING, ETC.

240 So. 3d 6

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318536

Published

arbitration [would] govern the procedure,” like section 682.08(2), Florida Statutes (2016) (governing the

Marcum LLP v. Potamkin

107 So. 3d 1193, 2013 WL 615698, 2013 Fla. App. LEXIS 2609

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228588

Published

letter. Finally, Marcum asks us to construe section 682.08(4), Florida Statutes (2010),6 so as to interpret

Amendment to the Rules Regulating the Florida Bar

875 So. 2d 448, 29 Fla. L. Weekly Supp. 379, 2004 Fla. LEXIS 677, 2004 WL 1119496

Supreme Court of Florida | Filed: May 20, 2004 | Docket: 64831081

Published

that subpoenas may be enforced as provided in section 682.08, Florida Statutes, or as otherwise provided

Safeco Insurance Co. of America v. Hays

715 F. Supp. 342, 1989 U.S. Dist. LEXIS 7840, 1989 WL 76637

District Court, M.D. Florida | Filed: Jul 6, 1989 | Docket: 1357132

Published

(4th DCA 1983). I. Failure to Give Deposition Section 682.08, Florida Statutes, provides: (1) Arbitrators

Florida Bar

542 So. 2d 975, 1989 WL 33704

Supreme Court of Florida | Filed: Apr 6, 1989 | Docket: 64642241

Published

witness attendance shall be as prescribed in Section 682.08, Florida Statutes. E. Right of Party to Attend