“What is the process for issuing a subpoena?”

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Criminal lawyer buffalo ny should know the subpoena power may be exercised by the court, the prosecutor or defense counsel. Generally, under CPL 610.20 and CPLR 2302,

A subpoena may be issued by either the court where the case is pending, or by counsel. Service of process in a criminal case may be performed on any day, including a Sunday.

A subpoena may be issued in an administrative proceeding as well.

Regardless of the timing, when serving the subpoena Criminal lawyer buffalo ny must serve two copies of the subpoena duces tecum. Under CPLR 2301, the subpoena duces tecum should state “all items delivered to the court pursuant to this subpoena shall be accompanied by a copy of this subpoena.”

Criminal lawyer buffalo ny should remember a subpoean duces tecum, within the context of a criminal case, is not returnable to the Criminal lawyer buffalo ny law office but rather to the court. The court may allow counsel to then remove the documents from the courthouse and inspect them. The Criminal lawyer buffalo ny issuing the subpoena may include a letter requesting a courtesy copy of the record be provided to the attorney’s office.

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In most cases, Criminal lawyer buffalo ny may issue the subpoena . However, Criminal lawyer buffalo ny may also present the subpoena to the court to be “so ordered.” Although Criminal lawyer buffalo ny are not required to complete this step, it is the best practice because, under CPLR 2308(a) the subpoenaed party who does not respond may be subject to contempt.

Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation

Please be advised, this is not legal advice. For a free consultation, contact a Family Lawyer Niagara Falls ny, criminal lawyer buffalo ny, Criminal Lawyer Niagara Falls NY, or Criminal Attorney Niagara Falls NY.

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