IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK, HIGHLANDS AND HARDEE COUNTIES, FLORIDA


ADMINISTRATIVE ORDER NO. 2-21.2

ISSUANCE OF SUBPOENAS DUCES TECUM

FOR DISCOVERY DEPOSITIONS

THIS MATTER having come to the attention of the Court, and the Court finding that the Clerk of this Court (and also in the Clerk's capacity as Clerk of the County Court) has been issuing subpoenas duces tecum for discovery depositions and other matters in criminal cases upon praecipe of the various assistant public defenders and other defense counsel; and the Court finding no authority in Rule 3.220, Florida Rules of Criminal Procedure, for a discovery deposition subpoena or other subpoena in a criminal matter by a defense attorney, which compels that the witness bring with him or provide any reports, documents, or other evidence of whatever kind or form; and the Court further finding that subsection (b) of Rule 3.220 provides the manner and means by which the defense may discover materials in criminal cases, and the Court further finding that this Order is in accord with Heath v. Becktell, 327 So. 2d 3 (Fla. 1976); it is hereby

ORDERED AND ADJUDGED

1. That the Clerks of the Court in this Circuit, and their Deputy Clerks, shall forthwith cease issuing, and they are hereby prohibited from issuing, subpoenas duces tecum for discovery depositions in criminal cases upon praecipe of defense. Any subpoena for discovery deposition or otherwise, which additionally seeks to compel the witness to bring with him or provide any reports, documents, or other evidence, shall upon presentation for issuance by defense counsel, be declined and returned to him or his office.

2. Nothing herein shall preclude the issuance of such a subpoena duces tecum when ordered by a judge after Motion, Notice and Hearing, pursuant to Rule 3.220(f), Florida Rules of Criminal Procedure, in which event the praecipe and proposed subpoena duces tecum, when presented to the Clerk for issuance, shall have attached thereto a true copy of the Court's order directing the issuance of same.

3. This Order hereby revokes and supersedes Administrative Order Number 2-21.1, dated December 22, 1995.

DONE AND ORDERED on this 19th day of April, 1996.

CHARLES A. DAVIS, JR.

Chief Judge

 

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