Marine Hit and Run

[Peter Smith]

Jurisdiction

Florida

There is pending litigation on this. I need to obtain photos, estimates, and cancelled checks for repairs executed to the defendant's boat from the insurance adjuster/company. The defendant's boat was repaired according to the terms of his insurance policy prior to the litigation started. Now I need to obtain the photos of the damage, the estimates for repair, and the actual cancelled checks showing the payment. The reason for doing this the evidence they have presented so far does match other evidence obtained from other sources, and we believe they may be trying to defraud the court.

We are unable to obtain representation on this matter for various reasons not worth mentioning here, so can someone please explain how to obtain this material evidence. Thank you.

 

[Zigner]

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.

 

[Peter Smith]

The reasons are complex. But the key question here is: who do I serve the subpoena to? I have already issued a subpoena duces tecum to the insurance adjuster but defense is claiming this is illegal. Now, according to some readouts it's the Registered Agent, others claim its the Chief Financial Officer of Florida, others yet the attorney since he represents both the insured and the insurer. I am confused. Which one is it?, please help.

 

[Zigner]

The reasons are complex. But the key question here is: who do I serve the subpoena to? I have already issued a subpoena duces tecum to the insurance adjuster but defense is claiming this is illegal. Now, according to some readouts it's the Registered Agent, others claim its the Chief Financial Officer of Florida, others yet the attorney since he represents both the insured and the insurer. I am confused. Which one is it?, please help.

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?

 

[Peter Smith]

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 have already explained the reasons I can't obtain representation are complex.

I don't understand. What line of unlawful practice; you already have a legal disclaimer. The question is simple enough who do I address the subpoena to?

 

[Zigner]

I have already explained the reasons I can't obtain representation are complex.

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

I don't understand. What line of unlawful practice. You already have a legal disclaimer. The question is simple enough who do I address the subpoena to?

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.

 

[Peter Smith]

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.

If you can't help because you don't know the answer, you should say so. Don't make up BS answer! There cannot be unlawful representation in the presence of a disclaimer.

 

[Peter Smith]

Don't tell me! This is just another forum where attorneys come to give semi-obtuse answers so they can fish for clients!!

 

[Zigner]

If you can't help because you don't know the answer, you should say so. Don't make up BS answer!

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

There cannot be unlawful representation in the presence of a disclaimer.

You, sir, are wrong.

 

[Zigner]

Don't tell me! This is just another forum where attorneys come to give semi-obtuse answers so they can fish for clients!!

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.

 

[justblue]

Don't tell me! This is just another forum where attorneys come to give semi-obtuse answers so they can fish for clients!!

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

 

[army judge]

The question is simple enough who do I address the subpoena to?

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

 

[Zigner]

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.

 

[PayrollHRGuy]

The question is simple enough who do I address the subpoena to?

The registered agent.

 

[zddoodah]

There is pending litigation on this. I need to obtain photos, estimates, and cancelled checks for repairs executed to the defendant's boat from the insurance adjuster/company. The defendant's boat was repaired according to the terms of his insurance policy prior to the litigation started.

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?

We are unable to obtain representation on this matter

Who are "we"?

can someone please explain how to obtain this material evidence.

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.

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

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

who do I serve the subpoena to? I have already issued a subpoena duces tecum to the insurance adjuster but defense is claiming this is illegal. Now, according to some readouts it's the Registered Agent, others claim its the Chief Financial Officer of Florida, others yet the attorney since he represents both the insured and the insurer. I am confused. Which one is it?

"[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.

 

[Zigner]

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

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."

 

[adjusterjack]

The registered agent.

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.

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

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.

can someone please explain how to obtain this material evidence.

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)

defense is claiming this is illegal.

Never take legal advice from the enemy.

 

[welkin]

The reason for doing this the evidence they have presented so far does match other evidence obtained from other sources, and we believe they may be trying to defraud the court.

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.

 

[Tax Counsel]

There is pending litigation on this. I need to obtain photos, estimates, and cancelled checks for repairs executed to the defendant's boat from the insurance adjuster/company. The defendant's boat was repaired according to the terms of his insurance policy prior to the litigation started. you.

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.

 

[Peter Smith]

Your are not attorneys, but you advocate people obtain one. Isn't that special? In other words you all just "playing house" here.

But regardless, don't put words in my mouth: The matter is NOT too complex for an attorney; the reason I cannot obtain one is. Now, just to appease you:

I was the victim of a crime. Perpetrated as a marine hit and run, it had devastating and continuing consequences to and in my life affecting everything from my personal and emotional well being to my health and finances. The criminal was a former employer of mine --someone I knew and trusted. A marine hit and run with property damage and the resulting PTSD. I WAS INSIDE THE BOAT SLEEPING!! As far as attorneys are concerned I had two (2). The first one quit when I discovered he had taken testimony from the owner of the boat without the benefit of a deposition and had not questioned the veracity of of his damages in the face of other photo evidence to the contrary. The second piece of shit released the driver of the boat without telling me, so I fired him. Now no one will take the case. So you tell me what I have to do to get proper representation. I have been fighting this for 8 years on my own. I am doing the best I can to defend myself in what I think is a just cause in this crime.

So save your half-witted opinions to yourself, and stop playing house and offering semi-obtuse answers in an effort to confuse people, so they can resolve into the legal services you advertise.