Subpoena Procedures

  • The principal or a designee is responsible for responding to a subpoena or court order. When releasing subpoenaed information, only release the records specifically mentioned in the subpoena. A subpoena for any and all student records includes the student's health record, attendance records, transcript of grades, discipline records, e-mails, and all other pertinent information pertaining to the student. In cases where information is developed or summarized from any of the contents of a student's educational record, a copy of that information and a statement of the purpose for which it was intended must be included in the cumulative folder. The following procedures should be used when responding to court orders as well as subpoenas. Contact the supervisor of Records Management if you have any questions regarding these procedures.

    Subpoena
    Step 1
    		Determine how the subpoena was delivered. The district does not accept faxed subpoenas. Florida Rules of Civil Procedure allow a subpoena for the production of records, without requiring an appearance for witness or deposition, to be served by mail. A subpoena requiring an appearance must be served by a process server. If the subpoena was faxed or requires an appearance and has been received through the mail, return the subpoena to the sending party with the form letter, Response to a Mailed or Faxed Subpoena.

    Subpoena
    Step 2

    If the subpoena has been properly served, determine whether the subpoena is from a court having jurisdiction in the State of Florida. Subpoenas having Florida jurisdiction include Florida and federal courts. If the subpoena is not from a court having jurisdiction in the State of Florida, do not comply with the subpoena. Reply using the form letter, Response to a Subpoena or Court Order without Proper Jurisdiction.

    Subpoena
    Step 3

    If the subpoena was served appropriately, from a court having jurisdiction, date stamp and initial the subpoena.

    Subpoena
    Step 4

    Verify that you have the student’s records. If you do not have the student’s records, use the electronic student records system to locate them. Then call the location identified and confirm that the records are there. Never send a subpoena to another school without first verifying that the records are there. If you are unable to locate the records, call Central Records for assistance. After confirming their location, inform the school where the records are held that you are forwarding a subpoena. Then forward it immediately! Keep a copy of the subpoena, with a notation of where you sent it and the date it was sent.

    Subpoena
    Step 5

    If you have the subpoenaed records, check the compliance date. Determine whether you have sufficient time to respond. You will need to send a Letter of Notification to the parent or guardian, or to the eligible student. If you do not have time to comply with the subpoena, contact the requesting attorney’s office. Explain that you are unable to respond by the compliance date and ask permission to respond by a later date. Specifically identify the date by which you can respond. If the requesting attorney’s office agrees to the new date, follow up the conversation with a confirmation letter to the attorney. Keep a copy of the letter in the student’s cumulative folder, with the subpoena. If the requesting attorney’s office does not agree with the new compliance date, contact our school district attorneys for assistance.

    Subpoena
    Step 6

    Send a Letter of Notification to the student’s last known address. You may call the requesting attorney’s office and ask for an updated address if you are unsure of the accuracy of the one you have. Attach a copy of the subpoena to the Letter of Notification and mail the letter first class, at least seven days prior to the date of compliance. Keep a copy of the letter in the cumulative folder with the subpoena. Use the links below to see sample Letters of Notification.


    Subpoena
    Step 7

    If the parents or eligible student object to a subpoena, tell them to contact their attorney. Their attorney can file a legal objection to the subpoena with the court. Neither the eligible student, the parents, nor their attorney can instruct you to ignore a subpoena. Only the court or the requesting attorney can release you from the obligation to comply with a subpoena.

    Subpoena
    Step 8

    To comply with the subpoena, first determine exactly which records are being requested. Supply only those records that have been asked for. Check to see if there are subpoenaed records in another location in your school, such as case managers’ files, teacher emails, or classroom records. Check for enrollment in vocational or other programs. If your are requested to certify the documents, do not use a form provided with the subpoena. Use the Certificate of Authenticity provided by our school district attorneys. You may charge for copies made in compliance with a subpoena plus the amount of postage to mail. The maximum charge is 15 cents per page for copies no larger than 14 x 8.5 inches. An additional 5 cents per page may be charged for two-sided copies. Calculate a conservative estimate of copying and postage costs. Send an invoice to the requesting attorney.

    Subpoena
    Step 9

    If the subpoena requires you to appear, bring copies of the records to the specified location at the specified time. You may leave the copies with the requesting attorney and provide the attorney with an invoice for copying charges. If you are not required to appear, mail copies of the student's records and the date-stamped copy of the subpoena to the requesting attorney two days prior to the compliance date.

    Subpoena
    Step 10

    Keep a copy of the subpoena with the copy of the Letter of Notification and any correspondence with the requesting attorney’s office in the student’s cumulative folder. Note compliance with the subpoena on the Records Review Log (PCS Form 3-2130).


    Contact the supervisor of Records Management at (727) 793-2701, ext. 2021, with any questions you have about this process. If the supervisor is not available, you may contact the School Board Attorneys' Office at (727) 588-6220.