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The first case to evaluate the procedural trial rights of defendants in terms of the Due Process Clause was the 1897 decision in Hovey v. Elliot. In Hovey, the Supreme Court specifically applied the Due Process Clause to fair trial guarantees, holding that due process "secures an 'inherent right of defense'". [5]
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
Another quirk is that because the superior courts are now fully unified with all courts of inferior jurisdiction, the superior courts must hear relatively minor cases that previously would have been heard in such inferior courts, such as infractions, misdemeanors, "limited civil" actions (actions where the amount in controversy is below $35,000), and "small claims" actions.
A subpoena (/ s ə ˈ p iː. n ə /; [1] also subpœna, supenna or subpena [2]) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:
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A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the ecclesiastical courts of Church during the High Middle Ages, especially in England. The use of the subpoena writ was gradually adopted over time by civil and ...
The American Chemistry Council and Plastics Industry Association filed their lawsuits in a Washington, D.C., federal court, claiming California's Democratic top lawyer's demands have chilled their ...
California uses the separation of powers system to structure its government. It is composed of three branches: the executive, consisting of the governor of California and the other constitutionally elected and appointed officers and offices; the legislative, consisting of the California State Legislature, which includes the Assembly and the ...