Florida Rule Changes for Nonparty Records Subpoenas Take Effect January 1, 2027

If you or your business receive a subpoena for records in a lawsuit you are not part of, or you need documents from someone outside your own case, the rules for that process will change on January 1, 2027, at 12:01 a.m. In an opinion released October 1, 2026, the Supreme Court of Florida amended Florida Rules of Civil Procedure 1.100, 1.201, 1.310, 1.351, and 1.545, along with Form 1.983. The most practical changes are in rule 1.351, which covers subpoenas for documents from nonparties without a deposition. An objection will have to state its grounds and reasons with specificity, and if the person who receives the subpoena objects, the records will stay on hold until a court rules or the parties reach an agreement. The rules will also use "unrepresented" in place of "pro se."

Who Is Affected

These changes matter to you if:

• You or your business receive a subpoena for documents in a Florida civil case you are not a party to

• You are a party to a Florida civil case and want records from a person or business outside the case without taking a deposition

• You are a party who wants to object when the other side plans to subpoena records from a nonparty

• You are representing yourself in a Florida civil case

The amendments take effect January 1, 2027, at 12:01 a.m. Until then, the current rules still apply.

Key Changes

Objections must give specific reasons. New rule 1.351(b)(6) says an objection to production must state with specificity the grounds for the objection, including the reasons. The current rule has no such requirement. The Court declined a proposal that would have required every objection to a nonparty subpoena to be filed with the court.

A nonparty's objection puts the records on hold. Under the current rule 1.351(c)(7), if the person served with the subpoena objects before producing the documents, the documents may not be produced under the rule, and relief may be obtained under rule 1.310 (depositions). Starting January 1, the documents may not be produced until the objection is resolved under rule 1.351(d) or by agreement. A party whose subpoena draws an objection must ask the court for a ruling, reach an agreement, or request under rule 1.310, in compliance with rule 1.350, that the nonparty produce the material at a deposition.

Rulings on objections will cover nonparties. Rule 1.351(d) currently applies when a party objects. The amended rule will apply when a party or nonparty objects. The party seeking the documents may still file a motion asking the court to rule on the objection or proceed under rule 1.310. A new sentence requires that the motion and notice of any hearing be served on the objecting party or nonparty.

"Unrepresented" replaces "pro se." Each amended rule will refer to an "unrepresented" party. The Court explained that the term plainly denotes a person or party not represented by counsel and is more in line with the Federal Rules of Civil Procedure. The duties themselves will not change.

Practical Implications

If you receive a records subpoena in someone else's lawsuit, read it closely. It should tell you that you have the right to object. If you have a reason not to produce the records, such as privacy, privilege, or burden, put that reason in writing with specifics. Once you object, do not produce the documents under that subpoena until the court rules or the parties reach an agreement. Watch for a motion and hearing notice, since they must be served on you.

If you are a party and plan to object to another side's notice of a nonparty subpoena, a general statement that the request is improper will not be enough after January 1. Spell out the grounds and explain why they apply.

If you are the party asking for the records, build extra time into your schedule. After January 1, an objection from the nonparty will hold the documents until the court rules or you reach an agreement. Rule 1.351 still allows the recipient to require payment of the reasonable cost of copies in advance.