How to Fill Out Florida Form 1.913 (w/Examples) + FAQs

Florida Form 1.913 is the official Subpoena Duces Tecum Without Deposition that lets a party in a Florida civil case command a non-party to produce documents, records, or tangible items without forcing that person to sit for a deposition. You fill it out by entering the case caption, the non-party’s full name and address, the court’s commanding language, the exact list of items requested, the production date and location, and the issuing attorney’s signature block — then you serve it together with a Notice of Production from Non-Party under Florida Rule of Civil Procedure 1.351.

This form solves a costly problem: getting documents from people who are not parties to your lawsuit without paying for a court reporter or burning a deposition day. According to the Florida Courts Annual Statistical Reference Guide, Florida circuit civil courts process over 600,000 case filings each year, and discovery subpoenas like Form 1.913 are among the most-used procedural tools in that system.

Here is what you will learn in this guide:

• 📝 How to complete every line of Florida Form 1.913 the right way the first time
• ⚖️ How Rule 1.351 and Rule 1.410 interact when you serve a non-party subpoena
• 🚫 The most common drafting and service mistakes that trigger motions to quash
• 💡 Real-world filled-in examples for medical records, bank records, and business records
• 📅 How to calculate the 10-day objection window and what to do if a non-party objects

What Florida Form 1.913 Actually Is

Florida Form 1.913 is a Florida Supreme Court approved civil procedure form titled Subpoena Duces Tecum Without Deposition. It appears in the Florida Rules of Civil Procedure forms appendix and is the standard instrument used to command a non-party to hand over records on a set date and place. The phrase duces tecum is Latin for “bring with you,” and the words without deposition mean the recipient does not have to give live testimony.

The form is built on the authority of Florida Rule of Civil Procedure 1.410, which governs subpoenas, and works hand-in-hand with Rule 1.351, which governs production of documents and things from non-parties. The plain-English point is simple: Rule 1.351 is your permission slip to use the subpoena, and Form 1.913 is the subpoena itself.

The consequence of skipping Form 1.913 and trying to demand records by letter is severe: the non-party can ignore you, and the court will not compel anything because no lawful subpoena ever issued. A real example is a pro se plaintiff named Marcus who emails a hospital asking for his ex-employer’s incident report. The hospital’s risk team will refuse, because HIPAA’s Privacy Rule requires a court order or a valid subpoena with proper notice — not a casual email.

A common misconception is that Form 1.913 can be used to depose the non-party. It cannot. If you also need testimony, you must use Form 1.911 (Subpoena for Deposition) or 1.912 (Subpoena Duces Tecum for Deposition) under Rule 1.410 instead.

Where Form 1.913 Lives in the Rules

Form 1.913 is published in the official forms appendix maintained by The Florida Bar and reproduced on the Florida Courts self-help forms page. Both versions are identical in operative text, and either one is acceptable to clerks across all 67 Florida counties.

The form is anchored to two rules. First, Rule 1.410(c) authorizes any attorney of record — or the clerk for a pro se party — to issue a subpoena. Second, Rule 1.351(b) requires that the subpoena to a non-party be preceded by a Notice of Production sent to every other party in the case at least 10 days before issuance.

The consequence of pulling Form 1.913 off a third-party site that has not been updated is that you may serve a stale form missing required language about objections, and a judge can quash it. A real example: an attorney named Lena uses a 2010 PDF that lacks the 2014 amendment language about electronically stored information; opposing counsel moves to quash and wins.

When You Use Form 1.913 vs. Other Subpoena Forms

You use Form 1.913 only when you want documents or things from someone who is not a party in your lawsuit, and you do not want to take their deposition. If you need testimony, or if the records-holder is a party, you must pick a different tool. The choice matters because using the wrong form is a Rule 1.380 sanctions trap.

Below is a quick comparison of the four most-confused Florida discovery instruments. Use it to confirm Form 1.913 is the right pick before you draft anything.

Florida Form	When to Use It
Form 1.913 — Subpoena Duces Tecum Without Deposition	Documents from a non-party, no testimony needed
Form 1.912 — Subpoena Duces Tecum for Deposition	Documents and live testimony from a non-party
Form 1.911 — Subpoena for Deposition	Live testimony only from a non-party, no documents
Rule 1.350 Request to Produce	Documents from a party to the lawsuit

The consequence of confusing Form 1.913 with a Rule 1.350 Request to Produce is a wasted 30 days and a potential motion for protective order. A named example: Diego, a plaintiff in a slip-and-fall, serves Form 1.913 on the defendant grocery store; the defendant moves to quash because parties must be served Rule 1.350 requests, not non-party subpoenas.

A common misconception is that you can “convert” a Form 1.913 into a deposition subpoena by adding a sentence. You cannot. The form’s caption explicitly says Without Deposition, and any handwritten add-on is unenforceable under Rule 1.410(e).

Step-by-Step: How to Fill Out Florida Form 1.913

The form has eight required fields, plus an attorney signature block and a witness fee/objection notice. Skipping or misfilling any one of them is the most common reason judges quash subpoenas. Walk through them in this order.

Step 1: The Court Caption

The top of Form 1.913 mirrors the caption of your active lawsuit. Enter the circuit court name (for example, Eleventh Judicial Circuit in and for Miami-Dade County), the case number assigned by the clerk, and the division (Civil, Family, Probate, or Complex Business). The plaintiff’s full legal name goes on the left, the defendant’s on the right, separated by vs.

The consequence of a wrong case number is automatic: the clerk’s e-filing portal will reject the Florida Courts E-Filing Portal submission, and your subpoena never issues. A named example: Priya copies last year’s case number from a different matter; her subpoena bounces, the records custodian never receives it, and her trial deadline lapses.

A common misconception is that you can leave the division blank and let the clerk fill it in. Clerks will not. Each division has its own judge assignment and its own service rules under the local administrative orders, so the division must be exact.

Step 2: The “TO” Block — Naming the Non-Party

Directly under the caption, the form says TO: followed by a blank for the non-party’s name and address. Use the legal name of the entity, not a trade name. For a hospital, that means Tampa General Hospital, Inc., not “TGH.” For a bank, name the corporate entity and the registered agent as listed on Sunbiz.

The consequence of naming a trade name only is that service is invalid under Florida Statute § 48.081, and the recipient can ignore the subpoena. A named example: Aiden writes “Wells Fargo” instead of Wells Fargo Bank, N.A., c/o Corporation Service Company, Registered Agent; the bank’s legal department refuses to process and his deadline passes.

A common misconception is that emailing the subpoena to a custodian’s general inbox is “service.” It is not. Florida requires personal service by a certified process server or sheriff under Rule 1.410(d).

Step 3: The Command Language

The pre-printed command on Form 1.913 reads: “YOU ARE COMMANDED to produce at the time, date, and place specified below the following documents or things…” Do not alter this language. Florida courts have rejected modified command language as a defective subpoena under Rule 1.410(c).

The consequence of editing the command — even to soften it — is that opposing counsel will frame your subpoena as an unauthorized substitute and move to quash. A named example: Jordan changes “COMMANDED” to “requested” to be polite; the bank’s legal department treats the document as a non-binding request and produces nothing.

A common misconception is that the command line is a “form template” you can rewrite. It is not. The Florida Supreme Court adopted the exact wording, and any change risks invalidation under In re Amendments to Florida Rule of Civil Procedure 1.410.

Step 4: The List of Items to Produce (Schedule A)

This is the heart of the subpoena. Attach a Schedule A that describes each document or category with reasonable particularity, the standard set in Rule 1.351(c). Vague phrases like “all records” trigger objections; specific phrases like “all billing statements for account no. ending 4421 from January 1, 2024 through December 31, 2024” survive them.

The consequence of overbroad requests is a granted motion to quash and possible fee-shifting under Rule 1.380(a)(4). A named example: Sofia asks for “everything related to the patient” from a hospital; the hospital objects, the judge quashes the subpoena, and Sofia pays the hospital’s $1,200 attorney fees.

A common misconception is that you can use a federal Rule 45 schedule template in Florida state court. You cannot. Florida’s particularity standard is stricter, and the federal “any and all” boilerplate routinely fails.

Step 5: Date, Time, and Place of Production

Form 1.913 requires a specific date, time, and street address where production occurs. Most Florida non-party custodians prefer to mail or upload records rather than appear in person, so the standard practice is to list the issuing attorney’s office address and a date at least 20 days after service to allow for the Rule 1.351(b) 10-day objection window plus mailing time.

The consequence of a date inside the 10-day window is automatic invalidity under Rule 1.351(c). A named example: Hassan sets a production date 7 days after service; opposing counsel objects, the subpoena is quashed, and Hassan loses his trial-prep window.

A common misconception is that “place of production” must be a courthouse. It does not. Any reasonable location — typically the issuing attorney’s office — is acceptable under Rule 1.410(e), and most subpoenas state that mailing copies to that address satisfies the command.

Step 6: The Witness Fee and Mileage Notice

Florida law under Statute § 92.142 requires that a witness fee of $5 per day plus 6 cents per mile be tendered with most subpoenas. For records-only subpoenas under Form 1.913, many circuits waive the fee, but several — including the Eleventh Judicial Circuit — still require it. Tender a check with the subpoena to be safe.

The consequence of failing to tender the fee where required is that the recipient can refuse production with no penalty. A named example: Naomi serves a subpoena in Miami-Dade without a $5 check; the custodian refuses, citing § 92.142, and Naomi must reissue and re-serve, losing two weeks.

A common misconception is that the fee is waived because the records are produced by mail. It is not. The fee is tied to the command, not the method of production, and the Florida Bar Ethics Opinion 75-22 confirms tender is best practice.

Step 7: The Objection Notice (Rule 1.351 Language)

Form 1.913 includes a pre-printed paragraph telling the non-party they may serve a written objection within 10 days of service, and that production is stayed if any party objects. Do not delete this paragraph. It is mandatory under Rule 1.351(c).

The consequence of removing the objection notice is that the subpoena is facially defective and any production obtained is subject to suppression. A named example: Carlos deletes the paragraph to make the form fit on one page; the defendant moves to suppress the produced records and wins because the non-party never received the statutory warning.

A common misconception is that the 10-day window runs from the date the attorney signs the subpoena. It does not. It runs from the date of actual service on the non-party, as confirmed in Hett v. Barron-Lunde, 290 So. 3d 1023 (Fla. 2d DCA 2020).

Step 8: The Issuing Attorney’s Signature Block

The bottom of Form 1.913 has a signature block for the attorney of record — name, Florida Bar number, firm, address, phone, and email designated for service under Rule 2.516. A pro se litigant cannot self-issue; instead, the clerk of court signs and seals the form under Rule 1.410(a).

The consequence of a missing or wrong Bar number is a clerk rejection at the E-Filing Portal intake screen. A named example: Elena, a paralegal, types her supervising attorney’s old Bar number; the portal rejects the filing twice and the production date slips.

A common misconception is that an out-of-state attorney admitted pro hac vice can sign Form 1.913. They cannot, unless the order granting admission specifically authorizes it under Rule 1-3.10 of the Rules Regulating The Florida Bar.

Three Filled-In Examples

The fastest way to learn the form is to see it filled in. Below are three of the most common Form 1.913 use cases in Florida civil practice. Each one assumes a properly filed Notice of Production from Non-Party was served 10 days earlier with no objection.

Example 1: Personal Injury Medical Records

Plaintiff: Marcus Johnson. Defendant: Coastal Grocers, Inc. Non-Party: Tampa General Hospital, Inc. The plaintiff’s attorney needs all ER records from the date of the slip-and-fall plus 90 days of follow-up. The schedule lists “All emergency department, radiology, billing, and progress notes for Marcus Johnson, DOB 03/14/1982, MRN 88412, from 06/01/2025 through 08/30/2025.”

The production date is set 21 days after service at the law firm’s Tampa office. Because the records are HIPAA-protected, the attorney attaches a HIPAA-compliant authorization signed by Marcus, which removes the need for a separate court order under 45 C.F.R. § 164.512(e).

The consequence of skipping the HIPAA authorization is that the hospital will object on privacy grounds and force the plaintiff to obtain a court order, delaying production by 30+ days. A common misconception is that a Florida subpoena alone defeats HIPAA. It does not — HIPAA is federal and requires either patient authorization, a court order, or satisfactory assurances of notice.

Example 2: Family Law Bank Records

Petitioner: Sofia Reyes. Respondent: David Reyes. Non-Party: Wells Fargo Bank, N.A. The petitioner suspects hidden marital assets and needs 24 months of statements for an account in the respondent’s name. The schedule lists “All monthly statements, deposit slips, withdrawal records, and wire transfer logs for account no. ending 7791 from 01/01/2024 through 12/31/2025.”

Because financial records are protected under Florida Statute § 655.059, the bank will require either the account holder’s written consent or proof of the 10-day Rule 1.351 notice with no objection. The petitioner’s attorney serves the subpoena on Wells Fargo’s registered agent through Corporation Service Company.

The consequence of failing to give the respondent his Rule 1.351 notice is that the bank will refuse production and the petitioner will face sanctions under Rule 1.380. A common misconception is that joint account access lets one spouse subpoena records without notice. It does not — Florida treats each named party’s privacy rights independently.

Example 3: Commercial Litigation Business Records

Plaintiff: Northstar Logistics, LLC. Defendant: Apex Freight Co. Non-Party: Port Tampa Bay Authority. The plaintiff needs gate-entry logs to prove the defendant’s trucks were on-site during a cargo loss. The schedule lists “All gate access logs, security camera index entries, and dispatch records for vehicles registered to Apex Freight Co. (FL DOT #998121) from 02/01/2025 through 04/30/2025.”

Because Port Tampa Bay is a public agency, the records are also subject to Florida’s Public Records Act, Chapter 119. The subpoena therefore doubles as a public-records request, but the Form 1.913 path forces a faster response than a typical Chapter 119 letter.

The consequence of relying only on Chapter 119 is that public agencies have no fixed deadline and may take months. A common misconception is that public agencies are exempt from Form 1.913. They are not — sovereign immunity does not bar civil discovery subpoenas under Department of Highway Safety v. Krejci Co., 570 So. 2d 1322.

Mistakes to Avoid

Even seasoned Florida litigators get tripped up by Form 1.913. Below are the seven most common mistakes the Florida Bar’s Civil Procedure Rules Committee flags in its annual reviews. Each one carries a real and avoidable consequence.

• Mistake 1: Skipping the Rule 1.351 Notice of Production. The result is a void subpoena under Rule 1.351(b) and any records produced may be suppressed.
• Mistake 2: Setting the production date inside the 10-day window. The non-party can ignore the subpoena and the issuing party loses time and credibility with the court.
• Mistake 3: Listing a trade name instead of the legal entity. Service fails under § 48.081, and the subpoena must be reissued.
• Mistake 4: Overbroad “any and all” requests. Judges routinely quash these and award attorney fees under Rule 1.380(a)(4).
• Mistake 5: Forgetting the witness fee in circuits that require it. The custodian refuses production and the issuer must restart service.
• Mistake 6: Subpoenaing medical records without a HIPAA authorization or court order. The hospital will object, citing 45 C.F.R. § 164.512, and production stalls.
• Mistake 7: Attempting to issue Form 1.913 as a pro se litigant without the clerk’s signature. The form is unenforceable under Rule 1.410(a), and the non-party can ignore it.
• Mistake 8: Serving by email instead of by certified process server. Personal service is mandatory under Rule 1.410(d) and email “service” is treated as no service at all.

Three Real-World Scenarios

The table below shows the most common Form 1.913 fact patterns and the consequence of each issuing party’s choice. Use it to pressure-test your own draft before you file.

Subpoena Scenario	Likely Outcome
Plaintiff serves Form 1.913 on hospital with HIPAA authorization, 21-day production date, full Rule 1.351 notice given	Records produced on time, no objection, admissible at trial
Petitioner serves Form 1.913 on bank without giving spouse the 10-day notice	Bank refuses production, petitioner sanctioned under Rule 1.380, possible attorney fees
Defendant serves Form 1.913 on competitor with “all documents relating to plaintiff” language	Motion to quash granted, fee-shifting awarded, defendant’s discovery delayed by 45+ days

Do’s and Don’ts of Form 1.913

The do’s and don’ts below come straight from the Florida Bar Practice Resource Institute and the Florida Courts Help Center. Each item has a why tied to the rules.

Do’s:

• Do attach a clean, dated Schedule A listing each item with reasonable particularity, because Rule 1.351(c) requires it.
• Do calendar the 10-day Rule 1.351 window before issuing, because issuing early voids the subpoena.
• Do tender the $5 witness fee even when arguably waived, because circuit practice varies and tender prevents dispute.
• Do use certified process service for every Form 1.913, because Rule 1.410(d) demands personal service.
• Do confirm the registered agent through Sunbiz, because corporate name changes are common and old agents reject service.

Don’ts:

• Don’t edit the command language, because Florida courts treat altered commands as defective subpoenas.
• Don’t issue Form 1.913 against a party to the suit, because parties are subject to Rule 1.350 requests instead.
• Don’t request “any and all” documents, because overbreadth is the leading cause of motions to quash.
• Don’t rely on email service, because Florida discovery subpoenas require personal service under Rule 1.410.
• Don’t omit the objection notice paragraph, because removal makes the subpoena facially defective under Rule 1.351.

Pros and Cons of Using Form 1.913

Form 1.913 is powerful but not always the right tool. Weigh these trade-offs before issuing.

Pros:

• Cheap and fast — no court reporter, no deposition fees, often resolved in 21–30 days.
• Enforceable by contempt under Rule 1.410(f) if the non-party ignores it.
• Works for individuals, corporations, and government agencies under one unified form.
• Creates an admissible record when paired with a business records affidavit under § 90.803(6)(c).
• Allows you to obtain documents while preserving the option to depose later via Form 1.912.

Cons:

• Triggers a 10-day objection window that can stall production if any party objects.
• Limited to documents and things — no live testimony, no clarifying questions.
• Requires strict compliance with Rule 1.351; minor errors quash the entire subpoena.
• Subject to federal overlays like HIPAA, the Gramm-Leach-Bliley Act, and FERPA.
• Witness fees and process-server costs add up across multiple non-parties in complex cases.

Federal vs. Florida: Why It Matters

Federal courts use Rule 45 of the Federal Rules of Civil Procedure for non-party subpoenas, and the federal form looks very similar to Form 1.913 — but the procedural overlays differ. Federal Rule 45 requires prior notice to all parties before service on the non-party, mirroring Florida’s Rule 1.351 but with a 14-day default rather than 10. The consequence of mixing the two systems is a quashed subpoena and possible fee-shifting under Rule 45(d)(1).

A named example: Lena, a litigator who practices in both forums, drafts a federal-style “any and all communications” schedule for a Florida state subpoena; the judge applies the stricter Florida particularity standard and grants the motion to quash. The fix is to tailor each subpoena to the forum’s exact language.

Florida begins with the federal floor — HIPAA, GLBA, FERPA, and the Stored Communications Act all apply — and then layers on its own state-law privacy protections under § 655.059 (banking) and § 456.057 (medical). The consequence of ignoring the federal floor is a federal preemption defense that the non-party can raise even in state court.

A common misconception is that Florida state subpoenas can reach records held in another state with no extra step. They cannot. The Uniform Interstate Depositions and Discovery Act requires you to domesticate the subpoena in the records-holder’s state first.

Key Court Rulings to Know

Three Florida appellate decisions shape how Form 1.913 must be drafted today. Knowing each one prevents the most common drafting errors.

In Amente v. Newman, 653 So. 2d 1030 (Fla. 1995), the Florida Supreme Court held that non-party medical records may be subpoenaed in personal injury cases when relevance is shown and patient identifiers are redacted. The consequence is that broad medical subpoenas without redaction are routinely quashed.

In Hett v. Barron-Lunde, 290 So. 3d 1023 (Fla. 2d DCA 2020), the Second District clarified that the 10-day Rule 1.351 window runs from actual service on the non-party, not from the date of the notice. The consequence is that calendaring errors are the single biggest cause of objection-window failures.

In Spry v. Professional Employer Plans, 985 So. 2d 1187 (Fla. 1st DCA 2008), the First District confirmed that pro se litigants cannot self-issue Form 1.913 and must instead obtain a clerk-issued subpoena. The consequence is that pro se parties who self-sign produce unenforceable paper.

How to Serve and File Form 1.913

After signing, the issuing attorney must arrange personal service by a sheriff or certified process server under Rule 1.410(d). Email, certified mail, and fax are not acceptable methods of service for a Florida subpoena, even though they are acceptable for inter-party documents under Rule 2.516.

Once served, the process server returns a Return of Service affidavit, which the attorney files through the Florida Courts E-Filing Portal along with proof that the Rule 1.351 notice was sent 10 days earlier. The consequence of missing the Return of Service is that the non-party can later claim it was never served, and the issuing party has no admissible proof.

A common misconception is that the subpoena itself must be e-filed. It does not — only the proof of service is filed, while the subpoena travels directly to the non-party. This is confirmed in the Florida Courts Technology Commission Standards.

What Happens If the Non-Party Objects

If the non-party serves a written objection within 10 days, production is automatically stayed under Rule 1.351(c). The issuing party must then file a Motion to Compel under Rule 1.380(a) and obtain a court order before production resumes. The consequence of producing anyway is that the records may be suppressed and the issuing attorney may face Bar discipline.

A named example: Priya receives a HIPAA objection from a hospital, ignores it, and emails the records to her client; the court suppresses the records and refers the matter to The Florida Bar’s Attorney Consumer Assistance Program. The fix is to file the motion to compel, set a hearing, and let the judge resolve the objection.

A common misconception is that an objection is the same as a motion to quash. They are not. Objections under Rule 1.351 are informal and stay production automatically; motions to quash under Rule 1.410(c) require a hearing and a court order.

FAQs

Can a pro se litigant fill out and serve Form 1.913 alone?

No. Pro se parties must request that the clerk of court issue and sign Form 1.913 under Rule 1.410(a); the clerk’s signature replaces the attorney’s signature for non-lawyers.

Do I need to file Form 1.913 with the court before serving it?

No. The subpoena itself is not filed; only the Notice of Production and the Return of Service are filed through the e-filing portal under Rule 2.525.

Is the 10-day Rule 1.351 window calculated in business days or calendar days?

No, it is not business days. Florida Rule 1.090 counts calendar days but excludes weekends and holidays only when the period is less than seven days, so 10 days runs straight through.

Can I subpoena out-of-state records using Form 1.913?

No. You must domesticate the subpoena in the records-holder’s state under the Uniform Interstate Depositions and Discovery Act before it has any force.

Does HIPAA block all Form 1.913 medical-records subpoenas?

No. HIPAA permits production with a valid authorization, a court order, or satisfactory assurances of notice under 45 C.F.R. § 164.512(e).

Can I email the subpoena to the non-party to save time?

No. Florida Rule 1.410(d) requires personal service by a sheriff or certified process server; email service is invalid and the non-party may ignore it.

Is the witness fee always required?

No, not in every circuit, but tender is best practice because § 92.142 applies broadly and many custodians refuse to produce without it.

Can the non-party charge me copying costs?

Yes. Under § 119.07 for public records and standard custodian rates for private records, reasonable copying and certification fees are recoverable from the issuing party.

Does an objection by the non-party stop production automatically?

Yes. Rule 1.351(c) automatically stays production until the court resolves the objection through a motion to compel.

Can I use Form 1.913 to get records from a federal agency?

No. Federal agencies are governed by Touhy regulations under 5 U.S.C. § 301, and Form 1.913 is not the proper vehicle.

Is Form 1.913 valid in Florida small claims cases?

Yes, with limits. Florida Small Claims Rule 7.030 incorporates civil procedure subpoena rules, so Form 1.913 may be used after a pretrial conference order authorizes discovery.

Can I be sanctioned for an overbroad Form 1.913?

Yes. Courts impose attorney fees and costs against the issuing party under Rule 1.380(a)(4) when an overbroad subpoena is quashed.