Iowa Deposition Subpoena in a Criminal Case

State:
Iowa
Control #:
IA-SKU-0085
Format:
PDF
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Description

Deposition Subpoena in a Criminal Case

An Iowa Deposition Subpoena in a criminal case is a legal document that requires a person to appear in court to give testimony. The deposition subpoena is issued by a judge to the person or entity being subpoenaed. It orders that person to appear at a specified time and date to provide testimony in a criminal case. The deposition may be in-person or conducted via video conference. There are two types of Iowa Deposition Subpoena in a Criminal Case: a witness deposition subpoena and a deposition subpoena duces tecum. A witness deposition subpoena requires the witness to appear in court and provide testimony, while a deposition subpoena duces tecum requires the witness to bring documents or other physical evidence to court. Both types of deposition subpoena must be served on the person being subpoenaed according to Iowa law.

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FAQ

An attorney or party who serves a subpoena ?must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.? Iowa R. Civ. P. 1.1701(4)(a).

2.8(1) Conduct of arraignment. a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel.

Disobedience to a subpoena, or refusal to be sworn or to answer as a witness, may be punished by the court or magistrate as a contempt. The attendance of a witness who so fails to appear may be coerced by warrant.

707(1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.

1013(3)Trial. The petition shall stand denied without answer; otherwise the issues and pleadings, and form and manner of the trial shall be the same, as nearly as may be, as in the trial of an ordinary action to the court, and with the same right of appeal. No new claim shall be introduced.

Upon a plea other than guilty the magistrate shall set a trial date which shall be at least 15 days after the plea is entered.

We have two options for the issuance of a foreign subpoena. Iowa law, under Rule 1.1702, permits us to use our staff attorney to issue the subpoena on your behalf, but it would not be FILED in and would not include an Iowa case number. This is the most efficient way to issue a subpoena.

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Iowa Deposition Subpoena in a Criminal Case