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South Carolina AO-89 Subpoena in a Criminal Case - Federal District Court Official Form
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Place of Prosecution and Trial. Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed.
A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in evidence.
For example, an attorney representing a spouse in a child custody hearing might issue a subpoena to the other spouse to appear in court to determine joint custody arrangements. Other examples of subpoenas may include requests for: Blood test information.
Rule 45(d)(1), as revised, makes clear that the subpoena authorizes inspection and copying of the materials produced. The deponent is afforded full protection since he can object, thereby forcing the party serving the subpoena to obtain a court order if he wishes to inspect and copy.
A subpoena may be served by the sheriff of any county in which the witness may be found, by his deputy or by any other person who is not a party and is not less than eighteen years of age.
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
Upon a defendant's request, the government must furnish the defendant with a copy of the defendant's prior criminal record that is within the government's possession, custody, or control if the attorney for the government knows?or through due diligence could know?that the record exists.
The Federal Rules of Criminal Procedure (FRCP) are a set of rules that govern the procedures followed in criminal cases within the federal court system of the United States. These rules were established to ensure the fair and efficient administration of justice in federal criminal proceedings.