In Re: Amendments to Florida Rule of Juvenile Procedure 8.245

Supreme Court of Florida
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No. SC2024-1779
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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).

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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

probate and guardianship proceedings).

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.

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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

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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

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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. If the subpoena is complied with
as provided in subdivision (e)(3), the party receiving the copiesitems
responsive to the subpoena must furnish a legible copy of each item
furnished to any other party who requests it on the payment of the
reasonable cost of preparing the copiesresponse.

(5) Objection by Nonparty. If an objection to a subpoena
for production is filed by the nonparty, the party requesting
production may either set and properly notice a hearing to resolve
the objection or proceed by setting a deposition. The party seeking
production must provide reasonable notice of the hearing to the
parties and to the person from whom production is sought.

(6) Independent Action. This rule does not affect the
right of any party to bring an independent action for production of
documents and things.

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(f)-(k) [No Change]

Committee Notes
[No Change]

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