Defense subpoenas in criminal cases require court approval and compliance with specific criteria.
This bill modifies the process for defense subpoenas in criminal cases. A criminal defendant or their counsel must apply to the court to issue a subpoena for documents or evidence. The court will only grant the application if the defendant proves a compelling need for the evidence, which must be material, necessary, exculpatory, and admissible at trial, and not include private information of a crime victim or other person. The court can appoint an attorney for indigent individuals served with a defense subpoena.
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- Core Provisions
- Implementation
- Impact
- Legal Framework
- Critical Issues
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