Those records can be obtained directly by either attorney if the person or entity from whom the records are being sought signs an authorization to release them to that attorney. Sometimes documents are needed from a non-party. ![]() Another type of subpoena, called a subpoena duces tecum, can require a witness to produce documents or other evidence at a hearing. A subpoena can be issued to make a witness appear at a hearing. There are two different types of subpoenas. Both sides use a subpoena to compel witness appearance. At the same time, the state has the right to require witnesses to give testimony in criminal cases. Our California Constitution provides that a defendant in a criminal case has the right to confront accusers and may compel witnesses to appear at a court proceeding to testify on his or her behalf. ![]() When is a Subpoena Issued By a Criminal Court? ![]() A prosecutor or defense attorney may issue a subpoena to a person for his or her testimony or to a person for him or her to bring documents or other evidence to court. ![]() A subpoena is a formal demand for a person to testify in a court.
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