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ELECTRONICALLY FILED
11/20/2015 9:24 PM
05-DC-2015-004922.00
CIRCUIT COURT OF
BALDWIN COUNTY, ALABAMA
ALABAMA
JODY WISE CAMPBELL, CLERK
DC-15-4922
The defense has filed the subpoena duces tecum in this case in an attempt to
circumvent the rules of discovery and law of this state with regard to discovery
by a defendant in a criminal case.
2.
3.
Alabama courts have often said that a subpoena duces tecum is not a method
of discovery. State v. Lewis, 36 So. 3d 72, 80 (Ala. Crim. App. 2008). In
Alabama, a subpoena duces tecum does not embrace[] discovery as one of its
purposesand should not be employed as a fishing expedition. State v.
Reynolds), 819 So. 2d 72 (Ala. 1999) (citing Ex parte Anniston Personal
Loans, Inc., 266 Ala. 356 (1957); Williams v. State, 383 So. 2d 547 (Ala.
Crim. App. 1979); Ex parte Darring, 242 Ala. 621 (1942).)
4.
DOCUMENT 26
6.
The Committee Comments to Rule 17.3 state as follows: This rule is not
intended to be a discovery device because Rule 16 provides for discovery. This
rule is to be used to inspect evidence held by witnesses and to require its
production at trial or prior to trial.
WHEREFORE, the above-stated premises considered, the State prays this Honorable
Court enter an Order Quashing the subpoena duces tecum filed by the Defendant in this case.
Respectfully submitted,
/s/ ChaLea Tisdale________
CHALEA TISDALE
Assistant District Attorney
CERTIFICATE OF SERVICE
I hereby certify that I have filed this pleading with Alacourts Alafile system, which
will serve a copy electronically on Defense Counsel.
/s/: ChaLea Tisdale_____________
CHALEA TISDALE