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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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The family of a wrongfully convicted person ...

Customer Question

The family of a wrongfully convicted person is submitting an amicus curiae brief, pro se, to appeals court. We need a subpoena for some physical evidence for examination by expert witness who is preparing affidavit. How can we get a subpoena issued, or get the evidence, without an attorney?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

Bravo on your efforts to move forward pro se - you can have the subpoena duces tecum issued via the clerk of the court - they should have the form for you to fill out and can then direct you in the proper way to make service - you will need to know exactly which documents or papers you need, since Subpoena Duces Tecum must be served with a copy of a declaration describing the documents you need. The declaration is part of the subpoena that the clerk will give you.

Best of success to you in this matter,

 

Customer: replied 6 years ago.
Thank you! But do you mean the clerk of the appeals court, or perhaps the District Clerk of the county where trial was held and where evidence is located? Evidence needed are "re-cuts of pariffin blocks of tissue slides" from an autopsy. Appeals court has been provided this identifying information and asked if they could help with issuing a subpoena to get it. But no word from the court since Dec. 17th when our request to tender amicus curiae brief was received and posted to court's website in the case.
Expert:  Michelle replied 6 years ago.

Dear Customer

Your subpoena should come from the Appeals court since you are at that level in the process - you should contact the clerk of the appeals court and seek the form for the supponea - The court does not have the evidence in their files - it would be back with the prosecutor's office or in some other storage facility. You might want to check with the lower court and see who now has custody of the evidence - and proceed from there.

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 9 other Criminal Law Specialists are ready to help you
Expert:  Michelle replied 6 years ago.

Re your feedback - we cannot speak on the phone - this is the only medium for guidance and suggestions.

Thank you ~ Michelle

 

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