Marine Hit and Run

You may wish to explore the concept of a subpoena duces tecum, which can be used to obtain such documents.

Now, tell us why you are "unable to obtain representation", please.

 

Such advice likely crosses the line in to the unlawful practice of law. You will want to consult with an attorney.

Why do you feel you can't obtain representation?

 

I've got tons of time...give it a shot.

It is my opinion that the advice you are asking for would be legal advice that would be considered the unlawful practice of law if given by folks on an internet forum. You should speak to an attorney who can review your matter and give you advice based on your specific situation.

 

On the same note, nobody here can know the answer because we don't know your case.

You, sir, are wrong.

 

I am not, nor have I ever claimed to be, an attorney. This forum tends to weed out anyone here fishing for clients, and you shouldn't trust an attorney who would do that in the first place.

Best of luck to you and have a magical day.

 

sigh...

No. Quite the opposite. This site will ban any attorney trolling for clients.

This site, like most advice sites, offer general information. The volunteers here can not walk you through your law suit step by step as that would be unauthorized practice of law.

So you can either read up on the Rules and Procedures for the court in question or pay an attorney to assist you, but the members here can not walk you through it.

https://www-media.floridabar.org/uploads/2021/02/Civil-Procedure-Rules-Updated-2-2-2021.pdf

 

The process is explained in detail on these websites:

1.410 Subpoena

Subpoena Duces Tecum or Subpoena To Produce Documents | LegalMatch



The form that claims to be acceptable by Florida courts ( I don't endorse either, YOU must do your due diligence):

Subpoena - Florida Circuit Court, Florida Duval County – 4th

Subpoena Duces Tecum | Pdf Fpdf Docx | Florida

 

Just a quick summary of the thread so far:

The OP is asking for the specific name (or title, I suppose) of the person or entity that on which he should serve the subpoena. That type of advice would require the review of an attorney that he consults with, and not advice from random strangers on the interweb.

Of course, his matter is FAR too complex for him to be able to retain an attorney, but he thinks that a bunch of random strangers on the interweb can help.

Furthermore, when told that random strangers on the interweb cannot help, he threw a tantrum.

 

The registered agent.

 

This implies that you're the plaintiff. That being the case, why do you care about repairs to the defendant's boat? Did the defendant file a counterclaim against you? What are you suing for? In a couple of sentences, what happened? How much are you seeking and, if there's a counterclaim, how much is the defendant seeking? Is the defendant represented by counsel?

Who are "we"?

Sure. You avail yourself of the discovery process and serve interrogatories, requests for admissions and/or requests for production of documents. Any sort of detailed "how to" guide is way beyond the scope of any internet message board.

A subpoena can be used to obtain documents from a non-party but not from a party.

"[D]efense is claiming this is illegal." So what? Did the defendant file a motion to quash the subpoena? The appropriate person on whom to serve a subpoena depends on what sort of entity you're seeking to depose.

 

That is correct. I based my post(s) on the understanding that the OP wanted to obtain documents from the insurance company that represents the opposing party. This understanding came from the following information that the OP shared in his first post:

"I need to obtain photos, estimates, and cancelled checks for repairs executed to the defendant's boat from the insurance adjuster/company."

 

Arrest that man, he just engaged in the unlicensed practice of law.

Just kidding.

Seriously, thank you PGuy for coming up with absolutely the correct answer instead of pillorying the OP.

And, in the absence of a registered agent, one serves the Secretary of State who will, in turn, forward the subpoena to the appropriate person at the insurance company.

At the same time, provide a courtesy copy to the opposing attorney.

OMG, there's a knock on my door. I see red and blue lights flashing outside my window. They're coming to take me away for the unlicensed practice of law.

If the defendant is the boat owner then the insurance company is a non-party. If the request to the defendant for production of documents fails, then a motion to compel is proper. If that fails for some reason, then a subpoena to the insurance company is appropriate. The insurance company's own attorney can, of course, move to quash the subpoena if there is good cause for quashing it.

To summarize:

1 - Serve a Request for the Production of Documents on the Defendant through his attorney. List the specific documents that you want.

2 - If the items are not forthcoming, file a Motion to Compel Production of Documents with the court, copy to the Defendant's attorney.

3 - The Defendant's attorney will either obtain and produce the documents or request a hearing regarding why the documents shouldn't be produced.

4 - If you aren't satisfied with the outcome, you are free to serve a subpoena on the insurance company and see how that goes.

If you are in small claims court read Rule 7.020 about Discovery.

Florida Small Claims Rules (floridabar.org)

Never take legal advice from the enemy.

 

I think some of you may be missing the point of OP's post. The question is how do you get the real estimates and cancelled checks if the other party is producing false documents. It's not how do you get discovery.

 

What is the relevance to the litigation of what his insurance company paid for the boat repairs? How does that impact you? In a lot of cases money a party receives from his own insurance is not admissible as evidence, which is why this matters.