Section 610.25. Securing attendance of witness by subpoena; possession of physical evidence  


Latest version.
  • 1.  Where a subpoena duces tecum is issued on reasonable notice to the
      person subpoenaed, the court or grand  jury  shall  have  the  right  to
      possession of the subpoenaed evidence.  Such evidence may be retained by
      the court, grand jury or district attorney on behalf of the grand jury.
        2.    The  possession  shall be for a period of time, and on terms and
      conditions, as may reasonably be required for the action or  proceeding.
      The reasonableness of such possession, time, terms, and conditions shall
      be  determined  with consideration for, among other things, (a) the good
      cause shown by the party issuing the subpoena or  in  whose  behalf  the
      subpoena  is  issued,  (b) the rights and legitimate needs of the person
      subpoenaed and (c) the feasibility and appropriateness of making  copies
      of  the evidence.   The cost of reproduction and transportation incident
      thereto shall be borne by the  person  or  party  issuing  the  subpoena
      unless  the  court  determines  otherwise  in  the  interest of justice.
      Nothing in this article shall be deemed to prohibit the designation of a
      return date for a subpoena duces tecum prior to trial.   Where  physical
      evidence  specified  to  be  produced  will  be sought to be retained in
      custody, notice of such fact shall be given the subpoenaed  party.    In
      any case where the court receives or retains evidence prior to trial, it
      may,  as  may  otherwise be authorized by law, grant the issuing party a
      reasonable opportunity to inspect such evidence.