[CLC-Discussion] County Realtors Association - WitnessSubpoena Power

[Willis, David]

I don't read Florida Statute 682.08 as being limited to parties only.  I
am aware that arbitrators routinely issue subpoenas to non-parties to
testify at arbitration hearings.   The procedures for enforcement are
set forth in 682.08.
 
David C. Willis
Board Certified in Construction Law and Business Litigation

Rumberger, Kirk & Caldwell, P.A.
407.839.2186

________________________________

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Mark
Young
Sent: Tuesday, March 25, 2014 2:14 PM
To: CHernicz at herniczlegal.com; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] County Realtors Association -
WitnessSubpoena Power



Did you client sign an agreement with an arbitration provision naming
the Realtors Association the arbitrator?  If your client agreed to
binding arbitration, then it should be enforceable.  

 

It is possible for an arbitrator to issue a subpoena to the parties,
then have the parties file an action with a court to have an enforceable
witness subpoena.

 

Mark Young

 

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
Charles B. Hernicz, Esq
Sent: Tuesday, March 25, 2014 12:24 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] County Realtors Association - Witness Subpoena
Power

 

One of my clients received a subpoena to appear as a witness at a
hearing for the local county Realtors Association.  What authority does
the Realtors Association have to issue witness subpoenas and are they
enforceable.  Sorry if this is a stupid question, but I have not seen
this before and can find  no authority for this subpoena.

 

Chuck

 

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar           
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com

 

 



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