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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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In Nevada, I could use 4 subpoena forms to help me in my

Customer Question

In Henderson Nevada, I could use 4 subpoena forms to help me in my case of open container (alcahol). Where Can I get these forms? I need to subpoena one cop- and two videos off of the patrol cars. Thanks
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard

You will get the Subpoenas from the clerk of the court where the matter is pending. You fill them out and the clerk will sign and date them. Tell the clerk you need one Subpoena and 2 Subpoena Duces Tecum - that is for the production of the videos. If the cop was the one who had custody of the Videos, you can use One Subpoena Duces Tecum, which will command his appearance and the videos. There are no Subpoenas available online. You must get them from the clerk of the court.

NRS 174.335  Subpoena for production of documentary evidence and of objects.

1.  Except as otherwise provided in NRS 172.139, a subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein.

2.  The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive.

3.  The court may direct that books, papers, documents or objects designated in the subpoena be produced before the court at a time before the trial or before the time when they are to be offered in evidence and may, upon their production, permit the books, papers, documents or objects or portions thereof to be inspected by the parties and their attorneys.

NRS 174.345  Service of subpoena.

1.  Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Except as otherwise provided in NRS 289.027, service of a subpoena must be made by delivering a copy thereof to the person named.

2.  Except as otherwise provided in NRS 174.315, a subpoena to attend a misdemeanor trial may be served by mailing the subpoena to the person to be served by registered or certified mail, return receipt requested from that person, in a sealed postpaid envelope, addressed to the person’s last known address, not less than 10 days before the trial which the subpoena commands the person to attend.

3.  If a subpoena is served by mail, a certificate of the mailing must be filed with the court within 2 days after the subpoena is mailed.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 2 years ago.
You are good.
Expert:  Samuel II replied 2 years ago.

You're welcome. Thanking you in advance for a positive rating and good luck.

Customer: replied 2 years ago.
Sorry to say, it didn't work and I'm back to square one. The Clerk of the court says "You are on your own. Keep looking." Thanks but no thanks. You might be according to the book, but the court system does not go by the book. RR
Expert:  Samuel II replied 2 years ago.

Well, that's confusing since the Clerk is the one who must issue the subpoena. Do you have a pending matter in the courts? You cannot get the subpoenas without a pending matter. I suggest, if you are going to represent yourself, you may first need to Enter your Appearance as Pro Se - acting on your own. And in that case, there is no reason the clerk should not issue your subpoenas.

Of course, the other way to get the information is again to enter your appearance and then file a Motion for Discovery and make the request.