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As correctly argued by the NBI and the DOJ, while Section 5(b) of RA 157 empowers the NBI to issue subpoena or subpoena duces tecum for the appearance, at Government expense, of any person for investigation, such matter is addressed to the sound discretion of the investigator alone.
A subpoena is a formal written order that requires a person to appear before a court, or other legal proceedings (such as a Congressional hearing), and testify, or produce documentation. Attorneys typically request subpoenas, which are issued by the court and served through mail, email, or personal delivery.
You must bring the Information Subpoena to the Court for the Court Clerk to sign. After the Court Clerk signs the Information Subpoena, send it with two copies of the written questions and a prepaid return envelope by registered or certified mail, return receipt requested.
A copy of the signed subpoena duces tecum, together with the attorneys certificate of service pursuant to Rule 1:12, shall be mailed or delivered to the adverse party and to the clerks office of the court in which the case is pending on the day of issuance by the attorney.
Further, the President or the Secretary of Justice may direct the NBI to undertake the investigation of any crime when public interest so requires (Section 5, Republic Act 10867). For those enumerated crimes, the NBI can issue subpoenas to investigate and require procurement of documents.
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The right to to issue a subpoena duces tecum is found in CPL 610.20: 1. Any criminal court may issue a subpoena for the attendance of a witness in any criminal action or proceeding in such court.
(d) Subpoenas by attorneys. An attorney appearing for a party may issue subpoenas or subpoenas duces tecum returnable at a hearing before an administrative law judge.
6) A copy of a Subpoena for Records (Duces Tecum) must also be served either in hand or by mail on each party who has appeared in the action so that it is received by them promptly after service on the witness.
After filing your Complaint-Affidavit, the Office of the City Prosecutor will issue a subpoena against the accused, requiring him to appear on a certain date and time to submit his Counter-Affidavit.
A Subpoena Duces Tecum is a legal document that directs someone to produce a bill, receipt, or other written document or record you need for the Court proceeding. Application for a Subpoena: Either party may apply for a subpoena up to 48 hours before the trial date by applying to the Clerk of the Court.

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