Florida Statutes
Fla. Stat. § 682.08 (2025)
Witnesses, subpoenas, depositions.
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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.
Note.—Former s. 57.17.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1968–2024 · leading case: US Fid. & Guar. Co. v. Romay, 744 So. 2d 467 (Fla. 3d DCA 1999).
US Fid. & Guar. Co. v. Romay, 744 So. 2d 467 (Fla. 3d DCA 1999). “See Florida Arbitration Code, § 682.08, Fla. Stat. (1989). [5] The construction of the relevant portion of the insurance contract also supports this position.”
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, Florida Statutes, or as otherwise provided in the Rules of Discipline.”
Crystal Motor Car Co. of Hernando v. Bailey, 24 So. 3d 789 (Fla. 5th DCA 2009). “§ 682.08(1), Fla. Stat. (2008). The clear wording of the statute requires the trial court to conduct a hearing on a party’s motion to compel when there is a “substantial issue” regarding the making of the arbitration agreement.”
Anne Obolensky v. Chatsworth at Wellington Green d/b/a Nuvista Living, Etc., 240 So. 3d 6 (Fla. 4th DCA 2018). “The “essence” of the Arbitration Provision would survive and, as distinguished from Shotts, there would be no need to create substitute procedures.”
Tenet Healthcare Corp. v. Maharaj, 859 So. 2d 1209 (Fla. 4th DCA 2003). “§ 682.08, Fla. Stat. (2003). The statute provides for enforcement of such subpoenas "in the manner provided by law," but it says nothing about judicial review of arbitrator orders compelling discovery.”
Greenstein v. Baxas Howell Mobley, Inc., 583 So. 2d 402 (Fla. 3d DCA 1991). “§ 682.08(2) Fla. Stat. (1989). In the case at bar, the order compelling arbitration was entered before the respondent sent out notices of deposition.”
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 Statutes (1991). E.”
Sellers v. Gov't Employees Ins. Co., 214 So. 2d 879 (Fla. 1st DCA 1968). “The costs for expert witness fees incurred by appellant in arbitrating her dispute with appellee were disallowed by the trial court on the apparent theory that the claim exceeded the limits of liability stipulated in the insurance policy sued upon.”
Marcum LLP v. Potamkin, 107 So. 3d 1193 (Fla. 3d DCA 2013). “Finally, Marcum asks us to construe section 682.08(4), Florida Statutes (2010), 6 so as to interpret the term “party” to exclude a contracting party’s assignee.”
Kratos Investments LLC v. Abs Healthcare Servs., LLC (Fla. 3d DCA 2022). “Among other things, the Florida Arbitration Code generally gives the arbitrator the authority to “permit such discovery as the arbitrator decides is appropriate in the circumstances,” § 682.08(3), Fla. Stat., and enforce these rulings by “issu[ing] subpoenas for the attendance…”
Florida Bar, 542 So. 2d 975 (Fla. 1989). “The procedures for subpoenas and witness attendance shall be as prescribed in Section 682.08, Florida Statutes. E. Right of Party to Attend.”
Telesco Constr. Mgmt., Inc. v. Nat'l Concrete Pres., Inc. (Fla. 3d DCA 2024). “3d DCA 1991) (granting certiorari to quash denial of protective order that effectively allowed discovery after case had been compelled to arbitration); § 682.08, Fla. Stat. (providing for arbitrator’s authority to make discovery orders in arbitrable cases).”
— 682.08(1) — 1 case
Crystal Motor Car Co. of Hernando v. Bailey, 24 So. 3d 789 (Fla. 5th DCA 2009). “§ 682.08(1), Fla. Stat. (2008). The clear wording of the statute requires the trial court to conduct a hearing on a party’s motion to compel when there is a “substantial issue” regarding the making of the arbitration agreement.”
— 682.08(2) — 2 cases
Anne Obolensky v. Chatsworth at Wellington Green d/b/a Nuvista Living, Etc., 240 So. 3d 6 (Fla. 4th DCA 2018). “The “essence” of the Arbitration Provision would survive and, as distinguished from Shotts, there would be no need to create substitute procedures.”
Greenstein v. Baxas Howell Mobley, Inc., 583 So. 2d 402 (Fla. 3d DCA 1991). “§ 682.08(2) Fla. Stat. (1989). In the case at bar, the order compelling arbitration was entered before the respondent sent out notices of deposition.”
— 682.08(3) — 1 case
Kratos Investments LLC v. Abs Healthcare Servs., LLC (Fla. 3d DCA 2022). “Among other things, the Florida Arbitration Code generally gives the arbitrator the authority to “permit such discovery as the arbitrator decides is appropriate in the circumstances,” § 682.08(3), Fla. Stat., and enforce these rulings by “issu[ing] subpoenas for the attendance…”
— 682.08(4) — 2 cases
Marcum LLP v. Potamkin, 107 So. 3d 1193 (Fla. 3d DCA 2013). “Finally, Marcum asks us to construe section 682.08(4), Florida Statutes (2010), 6 so as to interpret the term “party” to exclude a contracting party’s assignee.”
Kratos Investments LLC v. Abs Healthcare Servs., LLC (Fla. 3d DCA 2022). “Among other things, the Florida Arbitration Code generally gives the arbitrator the authority to “permit such discovery as the arbitrator decides is appropriate in the circumstances,” § 682.08(3), Fla. Stat., and enforce these rulings by “issu[ing] subpoenas for the attendance…”
— 682.08(5) — 1 case
Kratos Investments LLC v. Abs Healthcare Servs., LLC (Fla. 3d DCA 2022). “Among other things, the Florida Arbitration Code generally gives the arbitrator the authority to “permit such discovery as the arbitrator decides is appropriate in the circumstances,” § 682.08(3), Fla. Stat., and enforce these rulings by “issu[ing] subpoenas for the attendance…”
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