Franklyn S., Inc. v. Riesenbeck

This is an interlocutory appeal from an order in equity which quashed a subpoena duces tecum addressed to a party to the cause on the ground that “a subpoena duces tecum will not run to a party at time of trial.”

We are of the opinion that in so holding the chancellor was in error. Rule 1.34 of the 1954 Florida Rules of Civil *832Procedure, 30 F.S.A., which provides for issuance of witness subpoenas and subpoenas duces tecum, is the same as rule 45 of the Federal Rules of Civil Procedure, 28 U.S.C.A. In the absence of a square holding on the matter in Florida we may rely on the construction which…