Florida Regulations 60Q-3.012: Subpoenas
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(1) The chief arbitrator shall issue subpoenas on forms supplied by DOAH through the eALJ portal. Subpoenas shall issue in blank except for the style of the case, the case number, the name, address and telephone number of the attorney or party requesting the subpoena, and the chief arbitrator’s signature, which may be by facsimile signature.
(2) Any party or any person on whom a subpoena is served or to whom a subpoena is directed, may file a motion to quash or for protective order with the chief arbitrator.
(3) A subpoena may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age. Service shall be made in the manner provided by law for service of subpoenas issued by courts. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.
(4) Witness fees shall be paid by the party at whose instance the witness is summoned. Witness fees shall be tendered at the time of service of a subpoena. The fees allowed shall be the same as those allowed by the circuit courts of Florida. This rule does not limit the fees of expert witnesses.
Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History-New 9-6-88, Formerly 22I-7.012, Amended 6-27-00, 9-14-21.
Terms Used In Florida Regulations 60Q-3.012
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Subpoena: A command to a witness to appear and give testimony.
(3) A subpoena may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age. Service shall be made in the manner provided by law for service of subpoenas issued by courts. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.
(4) Witness fees shall be paid by the party at whose instance the witness is summoned. Witness fees shall be tendered at the time of service of a subpoena. The fees allowed shall be the same as those allowed by the circuit courts of Florida. This rule does not limit the fees of expert witnesses.
Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History-New 9-6-88, Formerly 22I-7.012, Amended 6-27-00, 9-14-21.