This is in Monroe County , NY. Is there a special form that must be used to file this subpoena? I talked to the local court clerk in the town this occured, who stated they had no forms but sounded a bit confused. I have a subpoena written up but just uses a basic generic form , would this be sufficient?
It would be helpful to know what documents and why, but the form of subpoena you probably are looking for is a subpoena duces tecum for tangibles rather than for a person and their testimony. You may also be looking at a Third Party Request for Production and their are usually local rules about all of these. You may wish to consult a local attorney who handles traffic matters regularly.
You can find a sample on-line BUT when you subpoena something like that, the judge must sign it in order for it to be valid.
Hire an attorney. It will be worth the $$.
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
There are several types of subpoenas. The one you need is a duces tecum. The generic form should be fine but you need to get it so ordered by the court.
Do yourself a favor and retain counsel. There is no reason to subpoena radar gun documents, as they have to enter them into evidence prior to testimony and other documents are subject to simple freedom of information demands. This is a classic reason why people should not represent themselves.
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