Criminal Case Law: South Carolina
Looking to file a subpoena to deposition witness after refusal to request of deposition by witness.
Also, the motion for discovery is missing the use of force report by officers and photographs of victim which prosecution has went on record as saying they do not have. Dashcam shows officer taking pictures related to the use of force and police reports by arresting and assisting officers also state photographs were taken.131. SUBPOENA AND SUBPOENA DUCES TECUM
(b) Pro Se Application. Upon a pro se defendant's ex parte application in writing to the court,
the court must order that a subpoena be issued for a named witness if the defendant shows the
necessity of the witness's presence for an adequate defense.
My question is what would be the language for requesting both the deposition for the witness and duces tecum for evidence from the police department which is being withheld by prosecution despite the motion explicitly requesting this evidence?(c) Subpoena Duces Tecum: Producing Documents and Objects. A subpoena duces tecum
may be issued in accordance with subsection (a) or (b) to any individual, corporation,
partnership, proprietorship or other entity. A subpoena duces tecum may order the witness to
produce any books, papers, documents, data, or other objects the subpoena designates. Upon
motion of a party filed pursuant to these rules, the court in its discretion, may modify the
specified time and/or place of production to direct the witness to produce designated items prior
to a term of court or trial. The party requesting such a modification shall file and serve a copy of
the motion upon opposing counsel as set forth in these rules.
If anyone has any history involving South Carolina case law help would be appreciated.
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I have had a person comment elsewhere regarding code of laws 16-3-660 and 16-3-670. These have no bearance on the question and further 16-3-660 only applies to rape or crimes with the intent to ravish. My cited sections of code are in addition and rewrite Rule 13 of SCRCrimP