Ex Parte Request for Depoistion -South Carolina

[Prynceton]

What is the name of your state (only U.S. 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.

 

[Prynceton]

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

 

[Just Blue]

Px Hx might be relevant.

 

[latigo]

What is the name of your state (only U.S. 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.

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.

I don’t see much difficulty here. A subpoena duces tecum directs someone to appear somewhere for a given purpose and to “bring with them” certain itemized things. (The subpoena to appear and the things to produce are contained in the one instrument.)

So, just request all reports, documents, writings, written statements, reports, records, photographs, material, videos, evidence, etc., etc. of every kind and nature in your possession or control or to which you have access that were prepared, gathered, produced, copied, reproduced that in anyway relate to the subject matter of your lawsuit.

And to produce all such things that the ______________ intends to introduce as evidence in the trial of the above captioned cause as scheduled before the above entitled court on ____________________

 

[tranquility]

Why can't you just make a request of the prosecutor? Wouldn't he have all the evidence? Why do you feel the need to subpoena a third party?

 

[Prynceton]

Sorry for the late response.

There is no need for the solicitor's information. The witness was shown to make false statements via reports by the officers during a review of the dashcam. I was on lawyers(dot)com though and I was being told in criminal cases depositions are only required in cases where the victim is involved in a rape or assault with intent to ravish case per 16-3-660. I never found the law to explicitly state this. All other request for subpoenas are at the discretion of the judge.

Which now thinking about it, aren't all motions at the discretion of the judge? I have no idea why I was arguing with the guy now. Based on the grounds that statements made by the witness are already found to be false, in part, per state's evidence it would show his whole statement could be impeachable especially as it severely contradicts the witness' statement and police report.

Witness says I punched a person in the back of the head and they fell then I brandished a weapon and he went inside.

Victim states she fell, because of her slipping and felt a nudge on her arm.

No weapon was ever found or even investigated by officers (most likely as they saw no ground to believe this part of the statement)

Still I'm having trouble finding language to request a subpoena in ex parte fashion.

An attorney receives a blank subpoena form upon request in which they fill out the time. Do I just request the time or have the court fill it out.

 

[Zigner]

Now things are more clear. You are the defendant in a criminal case. You are in over your head trying to defend yourself. You need an attorney.

 

[tranquility]

Your inability to focus will doom your case. Get an attorney.

 

[st-kitts]

Witness says I punched a person in the back of the head and they fell then I brandished a weapon and he went inside.

Victim states she fell, because of her slipping and felt a nudge on her arm.

No weapon was ever found or even investigated by officers (most likely as they saw no ground to believe this part of the statement)

Still I'm having trouble finding language to request a subpoena in ex parte fashion.

An attorney receives a blank subpoena form upon request in which they fill out the time. Do I just request the time or have the court fill it out.

Look someone called the cops on July 27th stating you punched your wife in the back of the head and she fell and then you brandished a weapon.

Behavior that is agitated and argumentative, whether it is on the internet or in court, is not going to help you convince people you did not beat your wife.

 

[justalayman]

. I was on lawyers(dot)com though and I was being told in criminal cases depositions are only required in cases where the victim is involved in a rape or assault with intent to ravish case per 16-3-660. I never found the law to explicitly state this

No. You were told they are the only types of cases where depositions are permitted, not required.

and then you argue with the guy.



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