The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 682
ARBITRATION CODE

View Entire Chapter

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 Casetext

Amendments to 682.08

Arrestable Offenses / Crimes under Fla. Stat. 682.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 682.08.

Annotations, Discussions, Cases:

Cases from cite.case.law:

OBOLENSKY, v. CHATSWORTH AT WELLINGTON GREEN, LLC d b a, 240 So. 3d 6 (Fla. App. Ct. 2018)

. . . agreed, "the Florida State Statutes concerning arbitration [would] govern the procedure," like section 682.08 . . .

MARCUM LLP, v. POTAMKIN,, 107 So. 3d 1193 (Fla. Dist. Ct. App. 2013)

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

CRYSTAL MOTOR CAR COMPANY OF HERNANDO, LLC, v. BAILEY,, 24 So. 3d 789 (Fla. Dist. Ct. App. 2009)

. . . . § 682.08(1), Fla. Stat. (2008). . . .

AMENDMENT TO THE RULES REGULATING THE FLORIDA BAR, 875 So. 2d 448 (Fla. 2004)

. . . The rule is further amended to provide that subpoenas may be enforced as provided in section 682.08, . . . The procedures for subpoenas and witness attendance shall be as prescribed in section 682.08, Florida . . .

TENET HEALTHCARE CORP. a FMC a a v. MAHARAJ, M. D. a, 859 So. 2d 1209 (Fla. Dist. Ct. App. 2003)

. . . Section 682.08 explicitly allows the arbitrator to compel production of documents and to issue subpoenas . . . for that purpose. § 682.08, Fla. . . .

In MCGOVERN,, 278 B.R. 888 (Bankr. S.D. Fla. 2002)

. . . to August 10, 2001 118.87 August 10, 2001 to September 11, 2001 150.01 Total for seven month period 682.08 . . .

UNITED STATES FIDELITY GUARANTY COMPANY, v. ROMAY, v., 744 So. 2d 467 (Fla. Dist. Ct. App. 1999)

. . . See Florida Arbitration Code, § 682.08, Fla. Stat. (1989). . . . .

TEMPLE EMANU- EL OF GREATER FORT LAUDERDALE, v. TREMARCO INDUSTRIES, INC., 705 So. 2d 983 (Fla. Dist. Ct. App. 1998)

. . . Section 682.08, Florida Statutes (1997), states that: “A party to an agreement or provision for arbitration . . .

THE FLORIDA BAR RE AMENDMENT TO RULES REGULATING THE FLORIDA BAR, 605 So. 2d 252 (Fla. 1992)

. . . The procedures for subpoenas and witness attendance shall be as prescribed in Ssection 682.08, Florida . . .

H. GREENSTEIN, Co. v. BAXAS HOWELL MOBLEY, INC., 583 So. 2d 402 (Fla. Dist. Ct. App. 1991)

. . . . § 682.08(2) Fla.Stat. (1989). . . .

SAFECO INSURANCE COMPANY OF AMERICA, v. HAYS,, 715 F. Supp. 342 (M.D. Fla. 1989)

. . . I.Failure to Give Deposition Section 682.08, Florida Statutes, provides: (1) Arbitrators, or an umpire . . .

THE FLORIDA BAR. In AMENDMENT RULES REGULATING FLORIDA BAR- CHAPTER FEE ARBITRATION RULE, 542 So. 2d 975 (Fla. 1989)

. . . The procedures for subpoenas and witness attendance shall be as prescribed in Section 682.08, Florida . . .

SELLERS, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY,, 214 So. 2d 879 (Fla. Dist. Ct. App. 1968)

. . . Section 682.08, F.S.A., formerly F.S. . . .

In GREEN, S. UNITED STATES v. J. GAUDIO,, 264 F. Supp. 849 (D. Colo. 1967)

. . . Kind of Tax and Period WT-FICA 3Q64 WT-FICA 4Q64 Total $15,587.84 Tax Penalty Interest to $13,641.52 $682.08 . . .

v., 14 B.T.A. 1247 (B.T.A. 1929)

. . . which she owned as an inheritance, $3,300.00; and that she paid as income tax for said year the sum of $682.08 . . .