California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 6 - Subpoenas › Section 5231 - Request for Subpoena

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Who May Request. The individual or his approved attorney may request a subpoena
				  be issued to require the attendance of witnesses or the production of documents
				  at return hearings or rescission hearings held in accordance with the Narcotic
				  Addict Evaluation Authority's regulations concerning such hearings. Subpoenas
				  may also be requested by Parole and Community Services Division staff or by the
				  Narcotic Addict Evaluation Authority members or by the hearing representatives.
				  Requests shall be made to the Civil Addict Legal Processing Unit at least ten
				  (10) working days prior to the scheduled hearing.
(b) Subpoena Duces Tecum. A declaration in
				  support of a subpoena duces tecum shall accompany the request for a subpoena
				  duces tecum. The declaration must show good cause for production of documentary
				  evidence and specify precisely the documentary evidence to be produced, the
				  relevance and materiality of that evidence to the hearing and that the
				  requested witness has possession or control of the documentary
				  evidence.
(c) Criteria for
				  Issuance. The guiding principle in determining whether to issue a subpoena or
				  subpoena duces tecum is the necessity of witness testimony or documentary
				  evidence to the proceedings. To be necessary, witness testimony and documentary
				  evidence must be relevant, material and non-cumulative to the individual's
				  case. Factors to be considered include (1) whether the person is an adverse or
				  friendly witness, (2) relevance and materiality of the testimony or documents
				  to the issues to be decided, (3) availability of the witness and/or documents,
				  (4) the witness' willingness to appear without a subpoena, (5) whether the
				  individual or the individual's attorney has made reasonable efforts to produce
				  a material friendly witness, (6) whether the witness resides more than 50 miles
				  outside the county where the hearing will be held. Requests for subpoenas shall
				  be screened by the Civil Addict Legal Processing Unit staff and a request for
				  subpoena may be denied for any witness whose testimony is clearly irrelevant or
				  cumulative.
(d) Adverse Witnesses.
				  Requests for subpoenas for adverse witnesses shall ordinarily be granted even
				  though the testimony may be cumulative, such as when several persons witnessed
				  the incident. Fearfulness of an adverse witness shall be considered and may
				  justify denial of a request for a subpoena.
(e) Friendly Witnesses. Normally only adverse
				  witnesses shall be subpoenaed. The testimony of character witnesses and of
				  other witnesses whose testimony is of a general nature may be presented by
				  means of written statements, letters or affidavits. Subpoenas may be issued for
				  friendly witnesses who can provide relevant and material evidence on behalf of
				  the individual but who refuse to appear at the request of the individual or the
				  individual's attorney. The individual or the individual's attorney may be asked
				  to provide a written statement which summarizes the expected testimony and
				  states how the testimony would be relevant, material and
				  noncumulative.
(f) Documentary
				  Evidence. Subpoenas duces tecum may be issued for documentary evidence under
				  the control of someone other than the individual, the individual's attorney,
				  Parole and Community Services Division or the Narcotic Addict Evaluation
				  Authority. A declaration in support of subpoena duces tecum shall accompany the
				  request for a subpoena duces tecum.
(g) At the Time of the Hearing. After the
				  return or rescission hearing has commenced, the panel may request such
				  subpoenas or subpoenas duces tecum as they deem necessary. The hearing shall be
				  continued and rescheduled for a later date.
(h) Denial. Denial of a request for a
				  subpoena or a subpoena duces tecum shall be documented and a copy of the
				  decision given to the individual or the individual's attorney prior to the
				  hearing.
1. Amendment
					 of subsections (a), (f) and (g) filed 6-29-2000; operative 7-29-2000 (Register
					 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Section
						3157,
						Welfare and Institutions Code; Section
						11182,
						Government Code.