Request For Subpoena Duces Tecum printable pdf download

IN THE JUSTICE COURT OF RANKIN COUNTY, MISSISSIPPI

IN THE MATTER OF PROTOCOLS

GENERAL CRIMINAL CASE PROTOCOL

This cause came on for consideration of the need to ensure that all parties to a criminal

proceeding are treated fairly and the Court being satisfied that it has complete jurisdiction,

hereby FINDS and ORDERS:

AUTHORITY

Each Rankin County Justice Court Judge has the authority to determine the protocol

regarding cases assigned to that judge. In order to ensure consistency and fairness to all parties

in a misdemeanor criminal case, the procedures implemented herein shall apply to all criminal

cases set for a trial to be heard by the undersigned judge. The Rankin County Justice Court

Clerk or her designee (hereinafter “Clerk”) is authorized to provide a copy of this Order and any

amendments thereto to anyone requesting a copy.

SUBPOENA DUCES TECUM

Whenever a Defendant wants the Clerk to issue a subpoena duces tecum, the

Defendant shall complete a form substantially in the form as attached hereto and entitled

“REQUEST FOR SUBPOENA DUCES TECUM” and shall ensure that the county prosecutor,

Richard Wilson, receives a copy of the form. The Clerk is authorized to promptly reject any

such request if the submitted form does not indicate that the Defendant served the county

prosecutor with a copy of the request.

If each party agrees to the issuance of the subpoena duces tecum, the Clerk is

authorized to issue the subpoena duces tecum with the documents to be produced and hand-

delivered to the Clerk at the Rankin County Justice Court on the date of the trial unless all

parties agree otherwise.

If the county prosecutor objects to the issuance of the subpoena duces tecum,

(a) the county prosecutor shall file an objection substantially in the form as

attached hereto and entitled “OBJECTION TO SUBPOENA DUCES

TECUM” and shall simultaneously serve the Defendant with a copy of the

objection with such service to be noted on the objection form;

(b) the Clerk shall promptly email, to the undersigned judge, a copy of the

request for the issuance of a subpoena duces tecum and any objections

thereto;

the issuance of a subpoena duces tecum, the Court shall render a ruling;

Request For Subpoena Duces Tecum