§ 2677. Criteria for Issuance.
15 CA ADC § 2677Barclays Official California Code of Regulations
15 CCR § 2677
§ 2677. Criteria for Issuance.
(a) General. A subpoena or subpoena duces tecum shall be issued when it is necessary to secure the presence of a witness or the production of documents for a proceeding. Subpoenas shall be issued for evidence that is relevant and material. Each case shall be evaluated individually to make this determination, based upon the following factors:
(2) Evidentiary Witnesses. Requests for subpoenas for evidentiary witnesses shall ordinarily be granted even though the testimony may be cumulative, such as when several persons witnessed the incident. Fearfulness of an evidentiary witness shall be considered and may justify denial of a request for a subpoena. See § 2668(e).
(3) Dispositional Witnesses. Normally only evidentiary witnesses will be subpoenaed. The testimony of dispositional witnesses whose testimony is of a general nature should be presented by means of written statements, letters, or affidavits. The parolee/prisoner or the parolee's/prisoner's attorney shall provide a written statement which summarizes the expected testimony and states how the testimony would be relevant, material, and non-cumulative.
(c) Documentary Evidence. Subpoenas duces tecum may be issued for documentary evidence that is relevant and non-cumulative and under the control of someone other than the parolee/prisoner, the parolee's/prisoner's attorney, P&CSD or the board. A declaration in support shall accompany the request for a subpoena duces tecum.
Credits
Note: Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.3, Penal Code; and In re Carroll (1978) 80 Cal.App. 3d 22.
History
1. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 15, § 2677, 15 CA ADC § 2677
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