Legal Question in Criminal Law in Florida

I received a witness subpoena on regular mail for a case of domestic battery I was partially a witness to. Do I have to answer this if its not certified


Asked on 3/27/15, 8:00 am

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

Technically yes. The subpoena is valid sent by US mail. However, a person cannot be held in contempt for failing to obey the subpoena if it is not sent by certified mail.

Florida statute 48.031(3)(a) specifically states: "Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court."

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Answered on 3/27/15, 8:02 am


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