Summons vs. Subpoena in Florida: What Is the Difference?

The short answer

A summons is a court-issued form of process associated with the start of an action and service of the initial pleading on a defendant. An initial pleading is the complaint, petition, or other first filing that states the claim or request and begins that party's involvement in the action. A subpoena is a legal command under Florida Rule of Civil Procedure 1.410 requiring a named person to attend, testify, produce specified material, or comply with another authorized demand stated in the subpoena.

Florida Statutes section 48.011, which addresses the statewide reach and direction of civil process, says summonses, subpoenas, and other process in civil actions run throughout Florida. It also says all process except subpoenas is directed to the sheriffs of the state. That distinction is one reason the document must be identified before a server is assigned. For broader context, read what service of process means in Florida.

What a summons does

Florida Rule of Civil Procedure 1.070(a), which covers issuance of summonses and other process when an action begins, requires prompt issuance by the clerk or judge under that official's signature and the court seal. Rule 1.070(e), which covers delivery of the initial pleading, requires a copy of that pleading to be delivered at the time of personal service of process. Personal service means delivery made to the person to be served under an authorized method. It is not a synonym for every method Florida law may permit.

A prepared assignment should identify the issued summons, every pleading or document counsel wants served with it, the exact defendant name, address, deadline, and instructions. Pro Legal Serve performs professional service of legal documents and documents the assignment without deciding whether the papers are legally sufficient.

What a subpoena can command

Florida Rule of Civil Procedure 1.410 governs subpoenas. It permits a subpoena to command testimony before a court, attendance at a deposition, or production of designated documents, electronically stored information, or tangible things. A deposition is sworn testimony taken outside the courtroom as part of a case, with its method and scope governed by applicable rules. Production means providing the materials identified in the subpoena. The applicable procedure depends on what the subpoena commands.

Under Rule 1.410(d), a subpoena may be served by a person authorized by law to serve process or by another person who is not a party and is at least 18. Service on the named person must still be made as provided by law. Florida Statutes section 48.021, which distinguishes who may serve general process and civil witness subpoenas, states that civil witness subpoenas are served by a person authorized by the civil rules. Review who may serve process in Florida when assigning authority.

Proof after delivery

A return of service is the proof record identifying required facts about when, how, and on whom service was made. The required record varies with the authority that applies. Pro Legal Serve provides a notarized return of service and operational documentation for the work performed. See the guide to the return of service and its proof details. These records do not allow PLS to promise validity, enforceability, compliance, or a legal outcome.