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Ely, Counselor at Law
Category: Legal
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I am a pro se plaintiff in a 42 USC 1983 case. I need to obtain

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I am a pro se plaintiff in a 42 USC 1983 case. I need to obtain the name of a specific police officer (for his testimony) with whom I spoke at police headquarters some time ago. Do I need to issue a subpoena, and if so what are the required steps?
Hello again friend,

One does indeed need a subpoena. A subpoena requests pertinent information from a third party by a party to the case. See here.

This type of subpoena may be filed to any third party and they would be ordered to produced that information by the subpoena itself. The controlling law is Federal Rule of Civil Procedure 45 et seq.

The standard procedure is to have a subpoena filled out and have the clerk stamp/sign/endorse it (if filing pro se) before sending it out via certified mail to the police station. If represented by counsel, most of the time, no prior stamping/signing/endorsing of the subpoena by the clerk is necessary prior to it being sent.

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