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A. General

  1. APPLICABILITY. A subpoena is necessary in discovery to obtain deposition testimony or other information, including documents, from a non-party. 
     
  2. RULES. Rule 45, Federal Rules of Civil Procedure, governs subpoenas for discovery as well as for trial or hearings. Local Rule 3.04, Middle District of Florida, provides that a subpoena duces tecum requires fourteen days’ written notice. 
     
  3. ISSUANCE. A subpoena to obtain deposition testimony or other information from a non-party must issue from the court in the district where the action is pending. Rule 45(a)(2), Federal Rules of Civil Procedure. 
     
  4. MOTION AND TRANSFER. A motion to quash or a motion to enforce a discovery subpoena must be filed with the court in the district where compliance is required. Rule 45(d), Federal Rules of Civil Procedure. However, that court may transfer a subpoena-related motion to the court in the district where the action is pending if the person subject to the subpoena consents or if there are exceptional circumstances. Rule 45(f), Federal Rules of Civil Procedure.