Background
The Florida Bar’s Civil Procedure Rules Committee submitted two reports proposing amendments to the Florida Rules of Civil Procedure. One proceeding concerned rules 1.310, governing oral depositions, and 1.351, governing production of documents and things from nonparties without deposition. The other concerned rules 1.100, 1.201, and 1.545, as well as Form 1.983, the prospective juror questionnaire.
The Committee and the Florida Supreme Court separately published the proposed amendments for comment, but no comments were received. Acting on its own motion, the Court consolidated the two proceedings and considered the proposals together.
The Court’s Holding
The Court adopted the proposed amendments with modifications. Among other changes, the amended rules replace “pro se” with “unrepresented,” revise and clarify language in several civil-procedure provisions, and require an objection to a nonparty subpoena under rule 1.351 to state specifically the grounds and reasons for the objection.
The Court declined to require every objection to a nonparty subpoena to be filed with the court. It also rejected a proposed amendment stating that, absent agreement, materials subpoenaed under rule 1.310(b)(5) could be produced only at the deposition. Under amended rule 1.351(c)(7), production remains suspended after a recipient objects until the objection is resolved under rule 1.351(d) or by agreement. The requesting party may seek a court ruling, reach an agreement, or request production at a deposition under rule 1.310 in compliance with rule 1.350. The amendments take effect January 1, 2027, at 12:01 a.m.
Key Takeaways
- Objections to nonparty subpoenas must identify their grounds and reasons with specificity.
- An objection stops production until the objection is resolved under rule 1.351(d) or by agreement.
- The rules replace “pro se” with “unrepresented” and make additional language and procedural clarifications.
Why It Matters
The amendments clarify how Florida litigants must make and resolve objections to nonparty document subpoenas. Lawyers serving or opposing such subpoenas will need to provide specific reasons for objections and follow the prescribed process before production may proceed.
The broader revisions also standardize terminology and modernize several provisions governing pleadings, complex litigation, depositions, final disposition forms, and prospective-juror questionnaires.