If your Florida business has been served with a subpoena, do three things today: stop any deletion or disposal of records the subpoena might cover, write down the date and manner of service and the compliance date, and get a lawyer to read it before you respond. A written objection in a state case is typically due within 10 days of service, so the clock starts running the moment the paper reaches you. Ignoring a subpoena is the one response that is almost never safe.

This guide walks through what a subpoena to a business really asks for, how to preserve evidence, when to object or move to quash, how to produce records with a business records affidavit, and what happens if you do not comply. It is written for owners and managers whose company is a witness or record-holder, not the one being sued.

TL;DR

• Your duty to preserve documents begins when a subpoena is properly served, and it lasts until you have fully complied or any objections are resolved.
• In a Florida state case, a written objection to producing documents is typically due within 10 days of service, or before the compliance date if that is sooner. In federal court the window is 14 days.
• You can object, negotiate the scope, or move to quash or modify a subpoena that is unreasonable, oppressive or unduly burdensome. You cannot simply ignore it.
• Produced records are usually authenticated by a custodian’s testimony or a written certification, which is where the business records affidavit comes in.
• Noncompliance can lead to a court order and contempt. Call counsel before the deadline, not after it.

Table of Contents

• What a subpoena to a business actually is
• Step one: read it, log it, and freeze deletion
• Preservation: the duty you owe before you produce anything
• Your options: comply, negotiate, object or move to quash
• Producing records without a fight
• The business records affidavit
• Out-of-state companies with Florida subpoenas
• What happens if you do not comply
• Perspective
• When to bring in a lawyer, and what we do
• A short checklist to keep on file
• FAQ
• Sources

What a subpoena to a business actually is

A subpoena is a court-backed demand. It compels a person or company to do one of two things: show up and testify, or hand over documents and other materials. A subpoena for documents may be paired with testimony, and companies also receive subpoenas for a corporate representative who must speak on the company’s behalf.

The key point for owners is your role. If you are a party to the lawsuit, discovery rules apply to you directly and a subpoena is only one of several tools. If you are a non-party, such as a vendor, bank customer, landlord, former employer or payment processor, a subpoena is how someone in a dispute reaches your files. Non-party status does not make the obligation optional, and it does not mean you are in trouble. Most business subpoenas are routine requests for contracts, invoices, emails or personnel records.

Subpoenas also come from outside civil lawsuits. State and federal agencies issue them in investigations, and these have their own procedures. An experienced reviewer will ask who issued it, under what authority, and in what kind of matter before anything else. Those questions matter, according to a 2024 guide on government subpoenas from in-house counsel practitioners, because they drive the scope, the deadlines and the available objections.

Step one: read it, log it, and freeze deletion

In the first hour, do the following.

1. Record how and when it arrived. Note who was served, on what date, by what method, and keep the envelope or email. Service defects can matter later.
2. Find the compliance date and place. It may be a deposition date, a date to deliver documents, or both.
3. Identify the issuer and the case. Note the court, the case number, the attorney who issued it and the party that attorney represents.
4. Read the document requests line by line. Mark the date ranges, custodians, categories and file formats requested.
5. Tell as few people as necessary. Route communication through one person, and do not discuss the substance by text or casual email.
6. Call a lawyer. The deadline to object is short, and the strategy depends on facts only you know.

If the subpoena asks for testimony, check the notice. In Florida, a subpoena for deposition testimony must state the method of recording, and if remote technology is used it must explain how to access it. In the federal Middle District of Florida, local rules require at least 14 days’ written notice of a deposition absent agreement or a court order for exigent circumstances. An unreasonably short notice is something your lawyer can raise.

Preservation: the duty you owe before you produce anything

The most expensive mistake a business makes with a subpoena is not a late response. It is the quiet deletion of records while deciding what to do. According to a Florida Bar Business Law Section article on non-party subpoena recipients, a non-party’s preservation duty begins when a subpoena is properly served and ends when the recipient has fully complied, including resolution of any objections.

The same article notes that this does not always demand a formal legal hold. But you must make sure the materials the subpoena covers are not destroyed until the requirements are met or the objections are resolved. In practice, for a small business, a short written hold is cheap insurance:

• Suspend auto-delete on email, chat tools and phone backups for the relevant people.
• Stop routine shredding of paper files in the relevant categories.
• Tell the person who manages your IT, bookkeeper or outside vendors in writing.
• Keep a simple log of what you preserved and when.

We cover how to set one up in our guide to litigation holds for Florida small businesses and explain the concept in what a litigation hold is. If your records are scattered or thin, Florida’s corporate recordkeeping requirements are a good place to see what you should already be keeping.

Your options: comply, negotiate, object or move to quash

Once you know what is requested, you generally have four paths. They are not exclusive.

Option	When it fits	Key timing
Comply in full	Request is narrow, records are easy to find, nothing privileged	Before the compliance date
Negotiate scope	Request is broad but the real need is smaller	Start immediately, and confirm any extension in writing
Serve a written objection	Part or all of the request is improper or burdensome	Typically within 10 days of service in state court, or before the compliance date if sooner
Move to quash or modify	Subpoena is unreasonable, oppressive or unduly burdensome	File promptly, before the compliance date

Written objections in state court

Under Florida Rule of Civil Procedure 1.410, a person served with a subpoena for documents may serve a written objection to inspection or copying within 10 days of service, or before the compliance date if that comes first. Once an objection is served, the requesting party may not inspect or copy the materials without a court order. The burden then shifts to them to file a motion to compel.

That is why a timely, specific objection is so valuable to a business. It pauses production while a judge decides. An objection that arrives late, or that is vague, can lose that protection.

Moving to quash or modify

The same Florida authority recognizes that you can ask the court to quash or modify a subpoena that is unreasonable, oppressive or unduly burdensome. Typical grounds a business raises include:

• Overbreadth. The subpoena asks for every record over ten years when only one contract is at issue.
• Burden and cost. Pulling the data would require rebuilding an archive or paying a vendor.
• Privilege. The materials include attorney-client communications.
• Confidentiality. The files contain trade secrets, customer data or other people’s personal information.
• Irrelevance. The requests have nothing to do with the claims in the case.

In a motion, you explain the problem, offer a narrower alternative if there is one, and ask the judge to rule before the compliance date. Courts tend to respond better to a specific, reasonable counterproposal than to a flat refusal.

Protective orders, privilege and confidentiality

A protective order is a different tool from a motion to quash. Florida’s discovery rules allow a court, on motion and for good cause, to protect a person from annoyance, embarrassment, oppression, or undue burden or expense, and to set conditions on how information is used. For a business, the most common practical use is confidentiality terms: the records get produced, but only for use in that case, marked confidential and kept out of the public file.

Privilege is handled by withholding the protected documents and identifying them in a privilege log rather than ignoring them. Because privilege waivers are easy to trigger by accident, do not send a batch of documents to the requesting side before counsel has screened it. Our article on protecting confidential information in everyday operations shows how to keep sensitive files organized so that this screening is quick.

State court versus federal court

If the underlying case is in federal court in Florida, Federal Rule of Civil Procedure 45 governs. According to the Middle District of Florida’s discovery handbook, objections must be raised within 14 days of service or before the compliance time, whichever is earlier. The windows differ by court and by rule, so never assume the state deadline applies. Check the caption on the subpoena to see which court issued it.

Producing records without a fight

Many subpoenas deserve a straightforward response. Do it carefully.

Narrow the request first. Call the issuing lawyer, through your counsel, and ask what they actually need. A phone call often replaces a ten-year, all-custodian demand with a short list of documents. Put any agreement, including extensions, in writing.

Consider rolling production. For government subpoenas in particular, practitioners suggest producing in stages and prioritizing the most recent or relevant material. That spreads the burden and shows good faith.

Collect, do not curate. Gather the responsive records as they exist. Do not edit, reorganize or clean files, and keep metadata intact for electronic records.

Keep a copy of exactly what you sent. Number the pages, keep a transmittal letter, and note the date. If a dispute arises later, you will want to prove what was produced.

Mind other people’s information. Employee, customer and patient records can carry separate legal protections, and some data may require notice to the people affected. Your lawyer should check this before production.

The business records affidavit

Producing documents is one thing. Making them usable as evidence is another. Hearsay rules would normally bar a stack of invoices, so Florida provides an exception for business records. Under section 90.803(6) of the Florida Statutes, business records are admissible if the custodian or another qualified witness testifies to their foundation, or if a written certification or declaration that complies with section 90.902(11) is provided instead.

That written certification is what people call a business records affidavit or custodian certificate. It saves your employee from appearing in court. A solid certification generally states that the records:

• were made at or near the time of the events by, or from information transmitted by, someone with knowledge;
• were kept in the course of regularly conducted business activity; and
• were made as a regular practice of that activity.

Those elements appear in section 92.605 of the Florida Statutes, which describes the certification an out-of-state record custodian provides in Florida criminal proceedings. They are also a useful template for the foundations in civil matters.

Some practical points:

• The signer must actually know how your records are kept. Choose the bookkeeper or office manager who does, not the owner who has never touched the system.
• Attach or identify the records the certification covers, with page ranges.
• Do not certify what you cannot vouch for. A custodian who signs a false certification creates a new problem.
• Have counsel review the wording against the statute, because the formal requirements are specific.

Out-of-state companies with Florida subpoenas

If your company is based elsewhere but does business in Florida, the rules shift. Under section 92.605, a covered out-of-state corporation must provide the requested records within 20 business days after receipt, or by a later date stated in the subpoena, subject to exceptions. If you operate across state lines, it is also worth checking whether you should be registered in Florida at all. See our overview of foreign qualification for out-of-state businesses in Florida.

What happens if you do not comply

A subpoena is enforceable. A requesting party can ask the court to compel compliance, and a judge can then order you to comply. Ignoring that order is where the real penalties begin. Under section 92.605, a court may compel compliance and treat noncompliance as indirect criminal contempt, with fines of $100 to $1,000 per day for up to 60 days. That statute addresses a specific category of subpoena, but it shows how seriously Florida treats a refusal. In other proceedings, courts have their own contempt and sanctions tools, which can include fee awards and other consequences.

Remember the flip side. Objecting on time is not noncompliance. A proper objection, a negotiated extension, or a pending motion to quash is a legitimate position. Silence is not.

Perspective

In our experience representing South Florida small businesses, the subpoena that causes real harm is rarely the aggressive one. It is the ordinary one that sat on a desk for two weeks because the owner assumed it was someone else’s lawsuit.

We tell clients the same three things. First, preserve before you analyze. Second, treat the objection deadline as the real deadline, because it decides whether you control the process or the other side does. Third, bring us in early enough that we can call the issuing attorney and narrow the request while everyone is still cooperative.

A business is not required to be an expert in discovery. It is required to respond on time and in good faith. Our role is to make that manageable: reading the subpoena, flagging privilege and confidentiality issues, preparing objections or a motion when they are warranted, and handling the production and certification so your team can keep running the business.

Matthew

When to bring in a lawyer, and what we do

You should call counsel the day the subpoena arrives if any of these are true: the deadline is under two weeks away, the request reaches privileged or confidential material, the issuer is a government agency, you are also a potential defendant, or you cannot tell what the case is about.

At Matthew Fornaro, P.A., we help South Florida businesses respond to subpoenas, preserve records, negotiate scope and, where needed, litigate objections. Our business litigation practice covers disputes in state and federal court, and our arbitration and mediation services help when a dispute can be resolved without a trial. If a subpoena has reached your desk, reach out through our site and send a copy with the service date.

If the subpoena is connected to a larger dispute with a vendor, partner or customer, our guide to business and commercial litigation for Florida owners explains what to expect next.

A short checklist to keep on file

• Date and method of service logged.
• Compliance date and place calendared, with the objection deadline marked earlier.
• Written hold sent to staff and vendors.
• Counsel retained and given the full subpoena.
• Responsive records located, copied and left unaltered.
• Privileged and confidential items flagged for review.
• Custodian identified for the business records certification.
• Production log and copy of everything sent kept permanently.

FAQ

How long do I have to respond to a subpoena in Florida?

It depends on the court and the type of subpoena. In a Florida state case, a written objection to a subpoena for documents is typically due within 10 days of service, or before the compliance date if that is sooner. In federal court the objection window is 14 days. Because the production date may be later than the objection date, read both carefully.

Can I ignore a subpoena if I am not part of the lawsuit?

No. Non-parties are bound by subpoenas too. You can object, negotiate or ask the court to quash or modify an unreasonable or unduly burdensome request, but you must act within the deadlines. Ignoring it risks a motion to compel and, if you then defy a court order, contempt.

What is a business records affidavit in Florida?

It is a written certification from a records custodian or other qualified person stating how the business creates and keeps its records. Under section 90.803(6), a certification that meets section 90.902(11) can substitute for live testimony. It generally says the records were made at or near the time by someone with knowledge, kept in the regular course of business, and created as a regular practice.

Do I have to preserve documents once I receive a subpoena?

Yes. Your duty to preserve begins when the subpoena is properly served and continues until you have fully complied or any objections are resolved. A formal legal hold is not always required, but covered documents must not be destroyed in the meantime.

Should I produce everything at once?

Not necessarily. If the request is broad, your lawyer can often negotiate a narrower scope or rolling production in stages, starting with the most relevant and recent material. Confirm any agreement in writing.

Sources

• Preservation Considerations when Representing Third Party Subpoena Recipients, Florida Bar Business Law Section
• Chapter 92, Section 605, 2026 Florida Statutes
• Chapter 90, Section 803, 2026 Florida Statutes
• So You’ve Gotten a Government Subpoena, Association of Corporate Counsel
• Florida Supreme Court Opinion SC2024-0774
• Middle District Discovery: A Handbook on Civil Discovery Practice

Recommended

• What to Do When Your Business Is Sued: A Florida Owner’s Guide (2026)
• Preparing for a Business Deposition: A Florida Executive’s Guide (2026)
• Understanding Florida’s Legal Landscape for Small and Medium Businesses: A Practical Guide for Coral Springs and Parkland
• Florida Corporate Recordkeeping Requirements