IA SF571

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 materials are material, necessary, exculpatory, and admissible at trial

Subpoena applications cannot be filed or reviewed ex parte, and defendants cannot seek private information of crime victims or other persons (such as data requiring a search warrant, nonpublic electronic communications, or unrelated personal information)

Documents or evidence obtained through defense subpoenas must be provided to the prosecuting attorney within five business days of receipt

Courts must appoint counsel for indigent persons or entities served with a defense subpoena upon application by the crime victim or prosecutor, with payment from the indigent defense fund

Evidence obtained through non-compliant subpoenas is inadmissible if offered by the defendant, attorneys may be sanctioned for knowingly violating the requirements, and postconviction relief claims based on ineffective assistance of counsel cannot rely on evidence obtained through these subpoenas