On December 23, 2019, in Kinsale Insurance Company v. Murphy, No. 1D19-0538, the Florida First DCA quashed an order by a trial court that had upheld a subpoena duces tecum mailed by the defendant insurance company to a Virginia company. The trial court denied the plaintiffs’ motion to quash the subpoena despite the defendant’s acknowledgement that it failed to comply with the Virginia legal requirement that a commissioner located in that state be appointed to issue the subpoena duces tecum. The First DCA noted that a Florida subpoena has no force outside Florida absent compliance with another state’s requirements for service of process, citing § 48.011, Fla. Stat. (2018) and Ulloa v. CMI, Inc., 133 So.3d. 914 (Fla. 2013) (quashing subpoena duces tecum in criminal case when improperly served on corporation located outside territorial boundary of Florida).
