Criminal Law

questions & answers

Question: I have a witness that has offered to testify at my criminal trial. I believe he will show up. Do I have to subpoena him to make sure the prosecutor doesn't try to disallow his testimony? Since I am representing myself, if I am required to subpoena him, do I request the subpoena through the court clerk in Gilbert?

Answer: For assistance with your specific situation you may want to consult with a licensed attorney. Arizona case law has established precedent that only the witness, not the state, has the ability to prevent the defense from interviewing them. For more information about this specific precedent, visit (see: Is the Prosecutor Barring a State Witness From Talking to You?): https://www.maricopa.gov/pdweb/docs/2009/200903-04-ftd.pdf Because Gilbert is located in Maricopa County, use this link for information on how to file a subpoena: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/CivilCases/civil_gns.asp

QUESTIONS

  • I have a witness that has offered to testify at my criminal trial. I believe he will show up. Do I have to subpoena him to make sure the prosecutor doesn't try to disallow his testimony? Since I am representing myself, if I am required to subpoena him, do I request the subpoena through the court clerk in Gilbert?

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