In Re: Amendments to Florida Rule of Juvenile Procedure 8.245
This text of In Re: Amendments to Florida Rule of Juvenile Procedure 8.245 (In Re: Amendments to Florida Rule of Juvenile Procedure 8.245) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Supreme Court of Florida ____________
No. SC2024-1779 ____________
IN RE: AMENDMENTS TO FLORIDA RULE OF JUVENILE PROCEDURE 8.245.
June 26, 2025
PER CURIAM.
The Florida Bar’s Juvenile Court Rules Committee has filed a
report proposing amendments to Florida Rule of Juvenile Procedure
8.245 (Discovery). 1 The Florida Bar’s Board of Governors
recommends acceptance of the proposed amendments. The
proposed amendments were published by both the Committee and
the Court. No comments were received in response to either
publication. Having considered the Committee’s report, we amend
rule 8.245 as follows.
First, subdivision (e)(2), which outlines the procedure for
parties to serve on every other party a notice of intent to serve a
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). subpoena, is amended to provide that if a party objects to
production within 10 days of service of the notice, the party
requesting production may set and notice a hearing to resolve the
objection.
We decline, however, the Committee’s proposal to amend rule
8.245(e)(2) to change the timeframe to serve notice of intent to serve
a subpoena to 5 days regardless of the method of service. Two
years ago, we enlarged the timeframe to serve such notice from 5 to
10 days if service is by delivery or email, and from 10 to 15 days if
service is by mail. See In re Amends. to Fla. Rules of Juv. Proc.
8.245, 361 So. 3d 275, 275 (Fla. 2023). Although the Committee
contends that these enlarged timeframes are longer than necessary,
it does not explain how the longer time periods are adversely
affecting juvenile proceedings nor why notice periods in juvenile
proceedings need to be treated differently than notice periods in
other types of proceedings. See Fla. R. Civ. P. 1.351(b) (providing
10- and 15-day notice periods for delivery by email and mail,
respectively, before issuing subpoenas); Fla. Fam. L.R.P. 12.351(b)
(same); Fla. Prob. R. 5.080 (providing that rule 1.351 applies in
probate and guardianship proceedings).
-2- We also decline the Committee’s proposal to amend rule
8.245(e)(2) to replace the current 10-day window for objections to
production with “timely objection” language. Retaining the current
10-day objection window will maintain consistency with the
timeframes for serving a notice of intent to serve a subpoena under
rule 8.245(e)(2), as well as with other types of proceedings. See Fla.
R. Civ. P. 1.351(b) (requiring objection to production within 10 days
of service by email or 15 days if by mail); Fla. Fam. L.R.P. 12.351(b)
(same); Fla. Prob. R. 5.080 (providing that rule 1.351 applies in
Next, we amend subdivision (e)(3), which addresses
subpoenas, to clarify that a party may proceed with issuing a
subpoena if no objections were made or if a party’s objections have
been withdrawn or overruled by the court. We decline to
add to the subdivision a 7-day deadline for the person who will be
asked to produce documents or things to object, as other rules of
procedure permit objections at any time before production, and the
Committee fails to explain why rule 8.245 should not be consistent
with those rules. See Fla. R. Crim. P. 3.361(c)(1); Fla. R. Civ. P.
1.351(b); Fla. Fam. L.R.P. 12.351(b); Fla. Prob. R. 5.080.
-3- Last, we renumber current subdivision (e)(5) to (e)(6) and add
new subdivision (e)(5) to include the procedure for objections to
production by subpoenaed nonparties.
Accordingly, Florida Rule of Juvenile Procedure 8.245 is
amended as set forth in the appendix to this opinion. New language
is indicated by underscoring; deletions are indicated by struck-
through type. The amendments shall become effective October 1,
2025, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Juvenile Procedure
Sarah J. Rumph, Chair, Juvenile Court Rules Committee, Tallahassee, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
-4- APPENDIX
RULE 8.245. DISCOVERY
(a)-(d) [No Change]
(e) Production of Documents and Things Without Deposition.
(1) Request; Scope. A party may seek inspection and copying of any documents or things within the scope of subdivision (d)(1) from a person who is not a party by issuance of a subpoena directing the production of the documents or things when the requesting party does not seek to depose the custodian or other person in possession of the documents or things. (2) Procedure. A party desiring production under this rule must first serve notice on every other party of the intent to serve a subpoena under this rule at least 10 days before the subpoena is issued if service is by delivery or email and 15 days before the subpoena is issued if service is by mail. The proposed subpoena must: (A)-(C) [No Change] A copy of the notice and proposed subpoena must not be furnished to the person on whom the subpoena is to be served. If any party serves an objection to production under this rule within 10 days of service of the notice, the documents or things must not be produced under this rule and relief may be obtained under subdivision (g). the party requesting production may set and properly notice a hearing to resolve the objecting party’s objection. The subpoena must not be served until the court overrules the objection, or the objection is withdrawn.
(3) Subpoena. If no objection is made by a party under subdivision (e)(2), or if a party’s objection is withdrawn or overruled by the court, an attorney of record in the action may either issue a subpoena, or the party desiring production mustmay deliver a subpoena to the clerk for issuance a subpoena andalong with a
-5- certificate of counsel or pro se party that no timely objection has been received from any partythere are no pending objections. The clerk must issue the subpoena and deliver it to the party desiring production. The subpoena must be identical to the copy attached to the notice, specify that no testimony may be taken, and require only production of the documents or things specified in it. The subpoena may give the recipient an option to deliver, electronically serve, or mail legible copies of the documents or things to the party serving the subpoena. The person on whom the subpoena is served may condition the preparation of copies on the payment in advance of the reasonable costs of preparing the copies. The subpoena must require production only in the county of the residence of the custodian or other person in possession of the documents or things or in the county where the documents or things are located or where the custodian or person in possession usually conducts business. If the person on whom the subpoena is served objectsIf any person served with a subpoena objects in writing at any time before the production of the documents or things, the documents or things must not be produced under this rule, and relief may be obtained under subdivision (g).the documents or things may not be produced pending resolution of the objection, unless they are produced through a deposition. (4) Copies Furnished.
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