Empathy List Archives

CB

Charles B. Hernicz, Esq

Tue, Mar 25, 2014 4:24 PM

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@HerniczLegal.com

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@HerniczLegal.com

RH

Roberts, Hardy L.

Tue, Mar 25, 2014 4:40 PM

I had a matter where members of an organization were summoned to appear for a hearing held by a panel of the organization.. The hearing related to potential disciplinary action against one of them. The organizations by-laws required appearance and cooperation and the members faced adverse membership consequences (i.e. suspension, etc.) if they failed to comply.

I have always regarded these things as a private-club type of affairs and not a legal requirement. That's not to say that membership in the organization may not be in jeopardy for failure to comply.

I've never seen a private subpoena though.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq
Sent: Tuesday, March 25, 2014 12:24 PM
To: clc-discussion@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@HerniczLegal.com

I had a matter where members of an organization were summoned to appear for a hearing held by a panel of the organization.. The hearing related to potential disciplinary action against one of them. The organizations by-laws required appearance and cooperation and the members faced adverse membership consequences (i.e. suspension, etc.) if they failed to comply. I have always regarded these things as a private-club type of affairs and not a legal requirement. That's not to say that membership in the organization may not be in jeopardy for failure to comply. I've never seen a private subpoena though. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq Sent: Tuesday, March 25, 2014 12:24 PM To: clc-discussion@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@HerniczLegal.com

MY

Mark Young

Tue, Mar 25, 2014 6:14 PM

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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Charles
B. Hernicz, Esq
Sent: Tuesday, March 25, 2014 12:24 PM
To: clc-discussion@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@HerniczLegal.com

This email is free from viruses and malware because avast! Antivirus protection is active.
http://www.avast.com

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@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq Sent: Tuesday, March 25, 2014 12:24 PM To: clc-discussion@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@HerniczLegal.com --- This email is free from viruses and malware because avast! Antivirus protection is active. http://www.avast.com

WD

Willis, David

Tue, Mar 25, 2014 8:48 PM

I am unaware of any statute providing the Realtors Association with any
right to issue a witness subpoena.

What triggered the hearing? If the hearing qualifies as an arbitration
proceeding under Chapter 682, then the arbitrator has the power to issue
witness subpoenas pursuant to F.S. 682.08. That is the only authority
that comes to mind.

David C. Willis
Board Certified in Construction Law and Business Litigation

Rumberger, Kirk & Caldwell, P.A.
407.839.2186

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

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@HerniczLegal.com

I am unaware of any statute providing the Realtors Association with any right to issue a witness subpoena. What triggered the hearing? If the hearing qualifies as an arbitration proceeding under Chapter 682, then the arbitrator has the power to issue witness subpoenas pursuant to F.S. 682.08. That is the only authority that comes to mind. David C. Willis Board Certified in Construction Law and Business Litigation Rumberger, Kirk & Caldwell, P.A. 407.839.2186 ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq Sent: Tuesday, March 25, 2014 12:24 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] County Realtors Association - Witness SubpoenaPower 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@HerniczLegal.com

WD

Willis, David

Tue, Mar 25, 2014 8:52 PM

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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Mark
Young
Sent: Tuesday, March 25, 2014 2:14 PM
To: CHernicz@herniczlegal.com; clc-discussion@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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of
Charles B. Hernicz, Esq
Sent: Tuesday, March 25, 2014 12:24 PM
To: clc-discussion@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@HerniczLegal.com

http://www.avast.com/ This email is free from viruses and
malware because avast! Antivirus http://www.avast.com/ protection is
active.

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@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Mark Young Sent: Tuesday, March 25, 2014 2:14 PM To: CHernicz@herniczlegal.com; clc-discussion@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@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq Sent: Tuesday, March 25, 2014 12:24 PM To: clc-discussion@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@HerniczLegal.com ________________________________ <http://www.avast.com/> This email is free from viruses and malware because avast! Antivirus <http://www.avast.com/> protection is active.