Subpoenas - Revision history

Sysop at 17:13, 27 June 2025

2025-06-27T17:13:24Z

← Older revision		Revision as of 17:13, 27 June 2025
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	“The prosecution is not required ‘to keep “periodic tabs” on every material witness in a criminal case....’ [Citation.] Also, the prosecution is not required, absent knowledge of a ‘substantial risk that this important witness would flee,’ to ‘take adequate preventative measures' to stop the witness from disappearing. [Citation.]” (People v. Wilson, supra, 36 Cal.4th at p. 342, quoting People v. Hovey (1988) 44 Cal.3d 543, 564.) People v. Smith (Cal. Ct. App., May 12, 2008, No. E041765) 2008 WL 2010374, at *10		“The prosecution is not required ‘to keep “periodic tabs” on every material witness in a criminal case....’ [Citation.] Also, the prosecution is not required, absent knowledge of a ‘substantial risk that this important witness would flee,’ to ‘take adequate preventative measures' to stop the witness from disappearing. [Citation.]” (People v. Wilson, supra, 36 Cal.4th at p. 342, quoting People v. Hovey (1988) 44 Cal.3d 543, 564.) People v. Smith (Cal. Ct. App., May 12, 2008, No. E041765) 2008 WL 2010374, at *10

			==Judge ordering person in court==

			Under Code of Civil Procedure section 1990, "A person present in Court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by such Court or officer."

			Under that statute, a judge can order a bystander in court to testify in court, even though the bystander resided out-of-state, but happened to be in a California court that day. (''People v. Simon'' (1951) 107 Cal.App.2d 105.)

Sysop at 13:13, 26 March 2024

2024-03-26T13:13:52Z

← Older revision		Revision as of 13:13, 26 March 2024
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	===United States Postal Service===		===United States Postal Service===
	39 CFR 265.13		39 CFR 265.13

			==After service==

			“The prosecution is not required ‘to keep “periodic tabs” on every material witness in a criminal case....’ [Citation.] Also, the prosecution is not required, absent knowledge of a ‘substantial risk that this important witness would flee,’ to ‘take adequate preventative measures' to stop the witness from disappearing. [Citation.]” (People v. Wilson, supra, 36 Cal.4th at p. 342, quoting People v. Hovey (1988) 44 Cal.3d 543, 564.) People v. Smith (Cal. Ct. App., May 12, 2008, No. E041765) 2008 WL 2010374, at *10

Sysop at 13:04, 26 March 2024

2024-03-26T13:04:18Z

← Older revision		Revision as of 13:04, 26 March 2024
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			==Minors==

			(b) (1) If service is to be made on a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, unless the parent, guardian, conservator, or fiduciary or other specified person is the defendant, and on the minor if the minor is 12 years of age or older. The person served shall have the obligation of producing the minor at the time and place designated in the subpoena. A willful failure to produce the minor is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure. The person served shall be allowed the fees and expenses that are provided for subpoenaed witnesses.

			(2) If the minor is alleged to come within the description of Section 300, 601, or 602 of the Welfare and Institutions Code, and the minor is not residing with a parent or guardian, regardless of the age of the minor, service shall also be made upon the designated agent for service of process at the county child welfare department or the probation department under whose jurisdiction the child has been placed.

			(3) The court having jurisdiction of the cas


			Code of Civil Procedure Section 416.60, which is identical to Penal Code section 1328, says:

			:A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with whom he resides or by whom he is employed, and to the minor if he is at least 12 years of age.

			COMMENT--JUDICIAL COUNCIL
			Section 416.60 enumerates the persons who may be served on behalf of a minor under 18 years of age. A minor 18 years old or older comes within the general provisions of Section 416.90.

			If a minor is at least 12 years old and under 18 years old at the time of service, service is made by delivering a copy of the summons and a copy of the complaint to him. In addition, a copy thereof must be delivered to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having care or control of such minor, or with whom he resides, or by whom he is employed, regardless of whether they are within or outside of this state. The double-service requirement in this instance is the same as in the former law, except that the minimum age of minors who must be doubly served has been raised from under 14 to under 18 years, and neither the minor nor his parent, etc., need be a resident of this state. (Compare former Cal.Code Civ.Proc. § 411(3); Cal.Civ.Code § 108; Cal.Prob.Code §§ 1208 and 1461; see Comment, 37 Cal.L.Rev. 92.)

			If a minor is under 12 years of age at the time of service, service is made upon his parent or guardian, etc., alone.

	==Federal agency or agents==		==Federal agency or agents==

Sysop: /* Federal agency or agents */

2019-05-29T05:40:17Z

Federal agency or agents

@@ Line 8: / Line 8: @@
 ====Drug Enforcement Agency====
 CFR 0.103
 ===Treasury===
@@ Line 17: / Line 37: @@
 ===Health and Human Services===
 CFR 2.1 to 2.6.

Sysop: Created page with " ==Federal agency or agents== Federal agencies will general ignore state subpoenas unless Touhy regulations are complied with. United States ex rel. Touhy v. Ragen (1951) 340..."

2017-04-19T16:51:30Z

Created page with " ==Federal agency or agents== Federal agencies will general ignore state subpoenas unless Touhy regulations are complied with. United States ex rel. Touhy v. Ragen (1951) 340..."

New page

==Federal agency or agents==
Federal agencies will general ignore state subpoenas unless Touhy regulations are complied with. United States ex rel. Touhy v. Ragen (1951) 340 U.S. 462, held that federal agencies may create regulations regarding subpoenas. So each federal agency has their own regulations.

===United States Department of Justice===
28 CFR 16.21

====Drug Enforcement Agency====
28 CFR 0.103

===Treasury===
26 CFR 301.9000

===Department of Interior===
43 CFR 2.880

===Health and Human Services===
45 CFR 2.1 to 2.6.