How do I file a subpoena for records and how does that process work?

UPDATED: Aug 1, 2012

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How do I file a subpoena for records and how does that process work?

I got stopped for a moving violation and I have decided to plead not guilty because I think the office clocked the wrong vehicle. I have a hearing date set. This is in a small county and the judge was almost mad that I wanted to fight this violation. I asked to file a motion for discovery and he told me I had to subpoena the information I was looking for. The county clerk has not been helpful for me and doesn’t want to help me.

Asked on August 1, 2012 under Criminal Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you are not getting help concerning the request for the issuance of a subpoena to get the records that you want, I suggest that you consult with an attorney to prepare such a document for you and have it issued.

If you do not wish to consult with an attorney, you should go to your local legal aid department, county bar association or local law library to get copies of forms for the issuance of the subpoena you want.

Once the subpoena is filled out, issued by the court clerk, it is then served by a process server on the person or entity to whom the subpoena is issued to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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