IA HSB20

Criminal defendants or their counsel cannot issue subpoenas for documents or evidence without first applying to the court and proving by a preponderance of evidence that the material is compelling, necessary, exculpatory, and admissible at trial

Evidence sought through defense subpoenas cannot include private information of crime victims or other persons (such as information requiring a search warrant, nonpublic electronic communications, or personal details unrelated to the case)

Defense subpoena applications cannot be filed or reviewed ex parte, and any documents or evidence obtained must be provided to the prosecuting attorney within five business days

Courts must appoint an attorney (paid from the indigent defense fund) to represent indigent persons or entities served with a defense subpoena upon application by a crime victim or prosecutor

Evidence obtained through non-compliant defense subpoenas is inadmissible if offered by the defendant, attorneys may be sanctioned for knowingly issuing improper subpoenas, and ineffective assistance of counsel claims cannot be based on evidence obtained and disclosed under these requirements