Florida Process Server Practice Test

What happens if a subpoena requires someone to travel more than 100 miles from their residence?

1. The subpoena is automatically valid

2. It can be quashed by the court

3. The witness must comply anyway

4. It is considered a legal loophole

The correct answer is: It can be quashed by the court

When a subpoena requires an individual to travel more than 100 miles from their residence, it can be quashed by the court. This is due to the legal principle that protects witnesses from being unduly burdened or inconvenienced by travel requirements that exceed a reasonable distance. Courts have the discretion to determine if compliance would cause significant hardship and consequently, may choose to quash the subpoena to protect the rights and welfare of the individual. This provision acknowledges that while subpoenas are important tools in the legal process, the court also respects the logistical realities and personal circumstances of those who are called upon to testify or produce documents. If an individual feels the travel requirement is excessive, they may petition the court for relief, which could involve re-evaluating the circumstances surrounding the subpoena's issuance.