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Ray
Ray, Lawyer
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What subpoena or discover procedure does a plaintiff use to

Customer Question

What subpoena or discover procedure does a plaintiff use to get the name and address of a vehicle tag, who is a material witness for a civil law suit?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

 

RayAnswers :

Thanks for your question and good evening.You would need to have a subpoena duces tecum issued to the Florida Department of Highway Custodian of Records.

RayAnswers :

I would suggest contacting them for a name of the custodian here so that you can add that to your subpoena and serve it.You would get the subpoena forms from the court clerk and the judge would sign it and you pay constable to serve it.

RayAnswers :

Here is contact information.

RayAnswers :
605 Suwannee Street
Tallahassee, Florida 32399
(850)(NNN) NNN-NNNN(850)(NNN) NNN-NNNN/div>
RayAnswers41395.8406491204
Customer:

So this is a subpoena that requires the Judge's signature, and would not any authorized process server (not "constable") be authorized? (I already have a company in Tallahassee I've used before.)

Customer:

Also, is the request for the Judge to sign the subpoena something that can be done ex parte in chambers, or is notice of this formality to Defendants required?

Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
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Expert:  Ray replied 1 year ago.

You may also want to consider a private process server,t hey can help you complete the subpoena forms and serve them.This is really helpful if you are pro se representing yourself and it is critical you get the record.

 

Here is reference

 

http://www.statusplease.com/agencies.php#nogo

 

 

 

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again. I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers. This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

Expert:  Ray replied 1 year ago.

Here is more reference to the subpoena duces tecum forms.Your court clerk will have court specific ones here.

 

Subpoenas - Pinellas County, FL - Clerk of the Circuit Court

 

Your follow up..

 

 

So this is a subpoena that requires the Judge's signature, and would not any authorized process server (not "constable") be authorized? (I already have a company in Tallahassee I've used before.)

 

Answer:

Yes you can use private server not a problem they can also get it signed.

 

 

Also, is the request for the Judge to sign the subpoena something that can be done ex parte in chambers, or is notice of this formality to Defendants required?

 

Answer:

 

No hearing is required here or notice to the other side, the court clerk will have judge sign it and let you know when it is ready.

 

 

 

 

 

 

Thanks again.

Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.

See Rule 1410 of the Florida Rules of Procedure it goes over the process for s Subpoena Duces Tecum--note you can use a private process server as you asked.

 

http://www.floridabar.org/TFB/TFBResources.nsf/0/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf

 

Here are downloadable forms or you can get them from the clerk.

 

http://www.formsworkflow.com/d88397.aspx

 

 

Thanks for your patience.I had to switch this out of chat as it was having site problems.Let me know if you have more follow up.

Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Sorry for delay. I was away from the office for the last few days. Thanks.

Expert:  Ray replied 1 year ago.
You are welcome no problem.
Customer: replied 1 year ago.

Along the same lines, but maybe should be a separate question... regarding a FL civil theft action, are there any limits or parameters to the discovery process regarding interrogatories (other than "30" questions); specifically the type of questions? I'm looking for the line not to cross between what is appropriate for "Production of Documents" vs. "Interrogatories" vs. "Subpoena Duces Tecum" -- as some of these things seem to overlap in how they might be extracted from the Defense.

Expert:  Ray replied 1 year ago.

Anything is fair game with interrogatories if it is calculated to lead to relevant information.The other side either answers you or files objection and then you would seek to have the court rule on it.The difference with request for production of documents--if you want existing documents as opposed to questions.For instance if you want the bank statement its a document request, if you want the balance or account number you can ask an interrogatory question.

A subpoena duces tecum will get you the person and the records to the hearing.This would work with a third party say a bank.You would seek to have the custodian of records bring the account records to the hearing.But you do not get the documents ahead of a hearing.

This is a brief summary of the differences.

Here are sample interrogatories that might help you.

http://www.clarkcountycourts.us/ejdc/courts-and-judges/discovery/Discovery_Forms_Samples/Interrogatories.pdf

There is a request for production below for form, obviously your subjact matter is different, best sample I can give you.

http://www.nazarethlegal.com/userfiles/file/Request%20For%20Production%20of%20Documents.pdf

You might find this helpful as an overview of the civil trial process including discovery.

http://www.youtube.com/watch?v=OwxyHAAnpoU

Thanks again for letting me help you.


I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

This communication does not establish an attorney client relationship here.Information providedis not legal advice. Rather it is simply general information.

Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Great. Thanks as always.

Expert:  Ray replied 1 year ago.
You are welcome.Let me know if you have more questions post them for Ray.
Customer: replied 1 year ago.

Will digest your provision this evening; the video was good too. Will follow up tomorrow. Have a great evening.

Expert:  Ray replied 1 year ago.
You too take care..
Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

In follow up, I been checking the FL RCP and don't quickly see if the proper procedure for presenting the Interrogatories requires filing with the Clerk of the Court and the usual case and court header, or if it is simply a more informal letter format sent between parties without a copy being filed in the Clerk's office. Can you please clarify this, and also where I can find the info on this as well? Thanks.

Expert:  Ray replied 1 year ago.
Thanks for your question and good day to you.

With Interrogatories you serve them on the other party.It is not necessary to file them with the court here unless they go unanswered and become part of say a motion to compel.

Here is the rule that governs..

RULE 1.340 INTERROGATORIES TO PARTIES

(a) Procedure for Use. Without leave of court, any party may serve upon any other party written interrogatories to be answered (1) by the party to whom the interrogatories are directed, or (2) if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who shall furnish the information available to that party. Interrogatories may be served on the plaintiff after commencement of the action and on any other party with or after service of the process and initial pleading upon that party. The interrogatories shall not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause. If the supreme court has approved a form of interrogatories for the type of action, the initial interrogatories shall be in the form approved by the court. Other interrogatories may be added to the approved forms without leave of court, so long as the total of approved and additional interrogatories does not exceed 30. Each interrogatory shall be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection shall be stated and signed by the attorney making it. The party to whom the interrogatories are directed shall serve the answers and any objections within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the process and initial pleading upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under rule 1.380(a) on any objection to or other failure to answer an interrogatory.

(b) Scope; Use at Trial. Interrogatories may relate to any matters that can be inquired into under rule 1.280(b), and the answers may be used to the extent permitted by the rules of evidence except as otherwise provided in this subdivision. An interrogatory otherwise proper is not objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or calls for a conclusion or asks for information not within the personal knowledge of the party. A party shall respond to such an interrogatory by giving the information the party has and the source on which the information is based. Such a qualified answer may not be used as direct evidence for or impeachment against the party giving the answer unless the court finds it otherwise admissible under the rules of evidence. If a party introduces an answer to an interrogatory, any other party may require that party to introduce any other interrogatory and answer that in fairness ought to be considered with it.

(c) Option to Produce Records. When the answer to an interrogatory may be derived or ascertained from the records of the party to whom the interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries is a sufficient answer. An answer shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party interrogated, the records from which the answer may be derived or ascertained, or shall identify a person or persons representing the interrogated party who will be available to assist the interrogating party in locating and identifying the records at the time they are produced.

(d) Effect on Co-party. Answers made by a party shall not be binding on a co-party.

(e) Service and Filing. Interrogatories shall be arranged so that a blank space is provided after each separately numbered interrogatory. The space shall be reasonably sufficient to enable the answering party to insert the answer within the space. If sufficient space is not provided, the answering party may attach additional papers with answers and refer to them in the space provided in the interrogatories. The interrogatories shall be served on the party to whom the interrogatories are directed and copies shall be served on all other parties. A certificate of service of the interrogatories shall be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories shall be served upon the party originally propounding the interrogatories and a copy shall be served on all other parties by the answering party. The original or any copy of the answers to interrogatories may be filed by any party when the court should consider the answers to interrogatories in determining any matter pending before the court. The court may order a copy of the answers to interrogatories filed at any time when the court determines that examination of the answers to interrogatories is necessary to determine any matter pending before the court.


Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.
Another good resource for interrogatories and production of documents..
Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Tried to send you a reply and got bumped (lost) with a simultaneous entry by us both; but thanks as usual. I have the full RCP printed out and just need to cram deeper, but appreciate your pointing to me in the above. Would be good to have access to State court records like I do the Federal stuff with my PACER account to see local attorney examples on some of these forms so that I don't look too "pro se." A web site that had such examples might be a good idea.

Expert:  Ray replied 1 year ago.
You are going to have to compile your own questions, there are not premade ones for this type of case.Certainly you can borrow some of the ones I gave you as samples some of these are basic kinds of questions.

http://www.clarkcountycourts.us/ejdc/courts-and-judges/discovery/Discovery_Forms_Samples/Interrogatories.pdf


This would give you good basic information here, who there witnesses are, what there exhibits are, etc.Just remember if you do not get good answers or they object then you would file a motion to compel to force them to answer and provide the information you need.This is usually the hardest part for a pro se party the other lawyer will paper you to death and not answer your questions or give vague non responsive answers.They are trying to wear you down so be prepared for some paper battles.
Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.
Later on you may want to try admissions as well.Here is samples for those..


http://www.msfraud.org/law/lounge/DeutschevMassey/plaintiff-request-for-admissions-florida-
foreclosure.pdf

Rules for admissions.

Florida Rules of Civil Procedure
RULE 1.370 REQUESTS FOR ADMISSION

(a) Request for Admission. A party may serve upon any other party a written request for the admission of the truth of any matters within the scope of rule 1.280(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Without leave of court the request may be served upon the plaintiff after commencement of the action and upon any other party with or after service of the process and initial pleading upon that party. The request for admission shall not exceed 30 requests, including all subparts, unless the court permits a larger number on motion and notice and for good cause, or the parties propounding and responding to the requests stipulate to a larger number. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. If objection is made, the reasons shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested; the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless that party states that that party has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not object to the request on that ground alone; the party may deny the matter or set forth reasons why the party cannot admit or deny it, subject to rule 1.380(c). The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. Instead of these orders the court may determine that final disposition of the request be made at a pretrial conference or at a designated time before trial. The provisions of rule 1.380(a)(4) apply to the award of expenses incurred in relation to the motion.

(b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to rule 1.200 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved by it and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be use against that party in any other proceeding.

Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

You're getting ahead of me! I was just reading through this in the RCP; much appreciate your supplement thought.
I'm digressing somewhat, but with regards XXXXX XXXXX appeal, is there any motions or other "preservation of rights to appeal" that are needed DURING the motions in limine phase in a civil cause where several Counts have been dismissed for Limitation reasons, but one or two with longer SOL time survive and the case continues? The surviving count is Civil Theft (5 yrs); but four Torts were shot down (4 yr SOL), but I strongly disagree with how the Court counted when they became known. If the Civil Theft fails, I would like to return (through appeal) to the other Counts; but fear there may be a procedure for preserving them I need (or should have) to make clear NOW. Am I correct, or can these be Appealed after the disposition of the CT count is resolved?

Expert:  Ray replied 1 year ago.
Just make sure to make your objections and obtain rulings as you go.And if you are over ruled make sure the court takes note of your objection for the record and the rulings, etc..It is important as you go to make sure the record is clear for any appeal and objections noted for the record.And once the case is decided you will need to get instructions for appeal and make sure to orer a transcript of the proceedings.Thats why it is important to make sure the record is clear for appellate purposes.Good luck here with all.
Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I didn't file or state I objected, per se, but I filed a Motion To Reconsider, and specified the reasons why I thought the ruling was in error. Would the comport to what the Appellate prerequesites require?

Expert:  Ray replied 1 year ago.
Then that should frame the issue adequately to raise it on appeal and the ruling by the court.Thanks for letting me clarify.
Ray, Lawyer
Category: Legal
Satisfied Customers: 30330
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.
Have a great evening and thanks for the rating.
Customer: replied 1 year ago.

You too. Thanks.

Expert:  Ray replied 1 year ago.
No problem, I'mm clearing my screen.

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