I was recently admonished at a hearing.
I had a subpoena served on a defense witness. The prosecutor said that it was improper for me to request items in a subpoena when a motion to compel requesting those items had been denied. The judge agreed.
If a subpoena was quashed, and someone had a second subpoena served requesting the same items, I believe that it would be improper.
However, I don't think what I did was wrong. The judge even threatened finding me in contempt.
The server told me that the subpoena was destroyed by the recipient. I thought this was a serious concern. However, the jude didn't agree.
I had a subpoena served on a defense witness. The prosecutor said that it was improper for me to request items in a subpoena when a motion to compel requesting those items had been denied. The judge agreed.
If a subpoena was quashed, and someone had a second subpoena served requesting the same items, I believe that it would be improper.
However, I don't think what I did was wrong. The judge even threatened finding me in contempt.
The server told me that the subpoena was destroyed by the recipient. I thought this was a serious concern. However, the jude didn't agree.
Pretrial Procedure: Massachusetts District Court: Subpoenas
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