What To Know About Florida Family Law Subpoenas

While many people may have heard the term “subpoena” on criminal procedure shows, some are still unsure of what this word entails, especially when they encounter it in family law cases. A subpoena is a written order issued by a court that requires the recipient to give testimony or produce documents in a legal proceeding. Failing to comply with a court order like a subpoena can come with serious penalties and delay a case indefinitely.

Types of Subpoenas 

There are actually a few different types of subpoenas that are used in family law cases, including:

• The subpoena for testimony, which requires witnesses to appear and testify at trial, a hearing, or a deposition; and
• The subpoena for production of tangible evidence, which requires that the recipient produce certain proof related to the case, like photographs or documents.

Some subpoenas require the production of both forms of evidence, testimony as well as tangible evidence, so it’s important to read the entirety of the subpoena so as to comply with its terms exactly. This is often necessary when a person’s testimony is also required to understand the documentary evidence in question.

Subpoenas in Family Law Cases 

Subpoenas are often used in family law cases to compel either an opposing party or a third person to produce evidence relevant to the case, such as:

• Employment and income information, which will be necessary for child support calculations;
• Financial documents, including bank statements;
• Emails and text messages related to custody or marital disputes;
• Property deeds and asset valuations for determining the division of assets;
• School records for custody determinations;
• Medical records to evaluate the child’s needs or the parent’s fitness; and
• Therapist and counseling records to evaluate parenting ability.

In some cases, a person may be asked to testify as to these matters, while in others, producing documentation will be enough to satisfy the demands of the subpoena.

Penalties for Ignoring a Subpoena 

The information requested in subpoenas for family law cases is often crucial in making important determinations about child support, parenting time, and alimony, so failing to comply with the terms of such an order are not taken lightly. In fact, there are serious penalties for failing to show up in court or to produce documents as required by a subpoena. Penalties include:

• Being charged with contempt of court, which comes with fines and potential jail time;
• Being required to pay compensation to the wronged party, such as attorney’s fees; and
• Dismissing the offending party’s claims.

Perhaps most damagingly, failing to provide evidence can lead a court to assume that the evidence being withheld would be unfavorable to the offending party’s case, leading a judge to rule against them.

Call a Florida Divorce Lawyer 

The civil legal process in Florida can be complicated and navigating it often requires the help of a skilled legal representative. If you received a subpoena as part of your divorce case, or have questions about the kinds of evidence you’ll need to support your own arguments, please call dedicated Florida divorce attorney Sandra Bonfiglio, P.A. for advice. You can reach us at 954-945-7591 or via online message.

Sources: 

law.cornell.edu/wex/subpoena

supremecourt.flcourts.gov/content/download/326888/file/04-1653_FullPageFormat.pdf