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  1. #1
    Join Date
    Jun 2012
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    Default Ex Parte Request for Deposition

    Criminal Case Law: South Carolina

    Looking to file a subpoena to deposition witness after refusal to request of deposition by witness.

    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.
    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.

    (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.
    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?


    If anyone has any history involving South Carolina case law help would be appreciated.

    - - - Updated - - -

    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

  2. #2
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    Default Re: Ex Parte Request for Deposition

    Quote Quoting Brandzzz
    View Post
    Looking to file a subpoena to deposition witness after refusal to request of deposition by witness.
    You found the rule. Follow the rule.
    Quote Quoting Brandzzz
    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.
    You obviously mean something other than the "motion". If you are talking about the state's response to your request for discovery, "The photographs requested do not exist" is a proper response. The state can only produce items that exist.
    Quote Quoting Brandzzz
    Dashcam shows officer taking pictures related to the use of force and police reports by arresting and assisting officers also state photographs were taken.
    That would be completely irrelevant to the question you're asking in this thread. If you believe you can prove that the prosecutor is withholding items from discovery, or that the police are lying to the prosecutor, bring a motion to compel, and ask for then conduct an evidentiary hearing on the subject.
    Quote Quoting Brandzzz
    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?
    Why do you believe that you have any right to depose anybody, particularly on the heels of what you have told us was a ruling by the judge that you cannot conduct depositions?

    In case you haven't figured it out by yourself, you're in over your head and you should retain a lawyer.

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