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Florida General Information for Self-Represented Litigants
State:
Florida
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FL-GEN-001-INFO
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455.2175, F.S. Powers of the DBPR 0146 The Department is authorized to issue cease and desist orders, administer oaths, take depositions, issue subpoenas and adopt rules concerning violations that may be submitted for mediation.
Subpoena. (a) Subpoenas Generally. Subpoenas for testimony before the court, subpoenas for production of tangible evidence, and subpoenas for taking depositions may be issued by the clerk of court or by any attorney of record in an action.
Lawyers who are licensed in the state usually have the power to issue a subpoena. However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.
In CA a pro se litigant must get court approval to issue a subpoena.
Typically a pro-se litigant will need the clerk to issue a subpoena as lawyers do this by virtue of being officers of the court. Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice.
Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.
Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
The Court has held that the Sixth Amendment, in addition to guaranteeing the right to retained or appointed counsel, also guarantees a defendant the right to represent himself.
Self-Represented Litigant: A person (party) who advocates on his or her own behalf before a court, rather than being represented by an attorney. These litigants are also known as pro se or pro per litigants. Cases with Self-Represented Litigants: Legal cases in which one or more parties is self-represented.