13-4071

13-4071. Subpoena; issuance; duty of
clerk

A. The process by which attendance of a witness before a court or magistrate is
required is a subpoena.

B. The subpoena may be signed and issued:

1. By a magistrate before whom a complaint is laid for witnesses, either on behalf
of the state or the defendant.

2. By the county attorney, attorney general, municipal prosecutor or city
prosecutor for witnesses to appear before the grand jury, or for witnesses on a
complaint, indictment or information to appear before the court in which the complaint,
indictment or information is to be heard or tried or by the county attorney, attorney
general, municipal prosecutor or city prosecutor for witnesses requested by a grand jury.

3. By the clerk of the court in which an indictment or information is to be tried,
or by the clerk as authorized in subsection C.

C. The clerk of the court or the clerk's designee, on request of the county
attorney or attorney general, shall issue a subpoena for witnesses to appear before the
grand jury, without prior authorization by a grand jury, if all of the following occur:

1. A duly impaneled grand jury is sworn and is in existence at the time of the
issuance of the subpoena.

2. The county attorney or attorney general designates the subpoena with the
standard identifying grand jury number.

3. The county attorney or attorney general reports to the foreman of the grand
jury, or in the foreman's absence the acting foreman, the fact of the issuance of the
subpoena within ten days following its issuance or, if the grand jury is in recess, at
the first succeeding session of the grand jury after the expiration of the ten day
period.

4. The county attorney or attorney general reports to the presiding judge of the
superior court the fact of the issuance of the subpoena within ten days following its
issuance.

D. The clerk, at any time, on application of the defendant, and without charge,
shall issue as many blank subpoenas, subscribed by the clerk as clerk, for witnesses as
the defendant requires. Blank subpoenas shall not be used to procure discovery in a
criminal case, including to access the records of a victim. Records relating to recovered
memories or disassociated memories may be subject to subpoena only if the state seeks to
introduce evidence of the victim's recovered or disassociated memory, the records are not
otherwise privileged and the court approves the subpoena after a hearing. The victim
shall be given notice of and the right to be heard at any proceeding involving a subpoena
for records of the victim from a third party.