Chapter 1 – General Administration

14010.6.1 Subpoenas – Criminal

• Criminal subpoenas may be issued by any of the following:

  • A magistrate before whom a complaint is filed or the magistrate’s clerk.

  • A District Attorney (DA), a Deputy DA, or the attorney’s investigator.

  • The defense attorney of record or the attorney’s investigator.

  • A judge in support of a complaint or an indictment.

  • A judge acting at the request of a grand jury.

• No person is obliged under a criminal subpoena to attend as a witness before a court that is out of the county where the witness resides or is served with the subpoena unless:

  • The distance is less than 150 miles from the employee’s residence to the place of trial, or

  • The subpoena is endorsed by:

    • The judge of the court in which the offense is triable.

    • A judge of the Superior Court.

    • A justice of the Supreme Court