- Jurisdiction
- Kansas
This is a smaller town municipal criminal case with one misdemeanor charge.
I contacted our city clerk to inquire about procedures for filing subpoenas against persons and records.
She was of some help, then talked to the prosecutor and tightened her lip so now she wants to offer zero help. Annoying because district court is quite different.
Here is a list of what I need:
1. subpoena alleged victim's phone records (have valid reason)
2. subpoena 1 juvenile (witness to accounts contradicting police report)
3. subpoena arresting officer (formality as I am not sure if he is required to be present)
4. subpoena records from another related criminal investigation in same city
5. submit my own evidence, 2 documents and 911 audio recordings.
I asked clerk several questions including if they follow criminal or civil procedure for discovery, filing of subpoenas, and submission of evidence.
Clerk responses:
"We are a criminal court, not clue what interrogatories are"
"You issue your own subpoenas" I asked about notice of intent, she was clueless
"You just bring your evidence with you to trial. You don't submit it"
"We only issue subpoenas to persons, not documents" I asked if I need to just file a motion. No idea.....
So it seems my questions got things stirred up. I don't think the clerk always knows what is going on and leans on the prosecutor for procedural questions, in which the prosecutor certainly does not want to help.
I contacted our city clerk to inquire about procedures for filing subpoenas against persons and records.
She was of some help, then talked to the prosecutor and tightened her lip so now she wants to offer zero help. Annoying because district court is quite different.
Here is a list of what I need:
1. subpoena alleged victim's phone records (have valid reason)
2. subpoena 1 juvenile (witness to accounts contradicting police report)
3. subpoena arresting officer (formality as I am not sure if he is required to be present)
4. subpoena records from another related criminal investigation in same city
5. submit my own evidence, 2 documents and 911 audio recordings.
I asked clerk several questions including if they follow criminal or civil procedure for discovery, filing of subpoenas, and submission of evidence.
Clerk responses:
"We are a criminal court, not clue what interrogatories are"
"You issue your own subpoenas" I asked about notice of intent, she was clueless
"You just bring your evidence with you to trial. You don't submit it"
"We only issue subpoenas to persons, not documents" I asked if I need to just file a motion. No idea.....
So it seems my questions got things stirred up. I don't think the clerk always knows what is going on and leans on the prosecutor for procedural questions, in which the prosecutor certainly does not want to help.
