Legal Question in Civil Litigation in Florida

subpeona civil

I recently asked for info on serving of a civil subpeona. I was referred to chapter 48. After reading chapter 48 the question is must the subpeona be served on a person or can it be left at the door. Also is there case law where the method of service was in question? Thank you.


Asked on 2/13/01, 3:11 pm

1 Answer from Attorneys

Stephen Verbit Stephen R. Verbit, P.A.

Re: subpeona civil

There are circumstances in which the subpoena can be left at the door instead of being served on the person. There is a lot of case law on this issue. A good starting point for research would be the case of Haney v. Olin Corp., 245 So. 2d 671 (Fla. 4th DCA 1971)(Where deputy sheriff observed husband standing in doorway, wife fled up walkway hollering "No! No!" and into house when deputy sheriff, seeking to serve process on husband and wife, emerged from vehicle and identified himself, front door had been closed by time sheriff reached house, sheriff knocked on door, rang door bell, and identified himself in a loud voice and announced that he had copies of summons and complaint in civil action and when no one responded proceeded to read summons in a loud voice and announced that he was leaving copies for husband on doorstep, there was sufficient delivery of papers to effect valid service of process on husband, notwithstanding absence of some minimum exchange of communication between husband and deputy). This is the well-known "King's X" case, so named because the court stated: "An officer's reasonable attempt to effect personal service of process upon a person in his own home, when the person reasonably should know the officer's identity and purpose, cannot be frustrated by the simple expedient of the person closing the front door in the officer's face and wilfully refusing to accept service of process, very much as a child playing a game of tag might gain instantaneous immunity by calling 'King's X'".

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Answered on 3/28/01, 8:36 pm


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