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How do I subpoena criminal records in California?

The party must bring a subpoena form (AO-88, AO-88A or AO-088B) and be prepared to provide the case name and case number. The clerk will issue a subpoena, signed but otherwise in blank, to the requesting party. The party must complete the subpoena before service.

What is a subpoena duces tecum California form criminal?

A subpoena duces tecum (SDT) is a legal court order that orders a person to appear in court during a hearing or trial and bring specific documents or records with them. The term duces tecum is a Latin phrase meaning you shall bring it with you. The subpoena duces tecum is most commonly used in criminal cases.

Who can issue a subpoena duces tecum in California?

An attorney at law who is the attorney of record in an action or proceeding, may sign and issue a subpoena duces tecum to require production of the matters or things described in the subpoena.

How do you serve a subpoena duces tecum in California?

Once you receive a subpoena duces tecum, you do not deliver the documents to the attorney that requested them. Rather, you send the documents and/or evidence to the superior court judge presiding over the case. The judge then reviews them and decides if the defense or the prosecutor is entitled to them.

What is the purpose of a subpoena?

A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding.

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Who can issue a criminal subpoena in California?

In simple terms, a subpoena is a demand for someone to provide testimony in court. A prosecutor and criminal defense lawyer can issue a subpoena to someone to give testimony or demand they bring documents or some other type of evidence to court.

What is the California criminal procedure subpoena duces tecum?

A subpoena duces tecum (SDT) is a legal court order that orders a person to appear in court during a hearing or trial and bring specific documents or records with them. The term duces tecum is a Latin phrase meaning you shall bring it with you. The subpoena duces tecum is most commonly used in criminal cases.

How far in advance must a subpoena be served in California?

Serve the Notice. If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date.

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