Section 2677 - Criteria for Issuance(a) General. A subpoena or subpoena duces tecum shall be issued when it is necessary to secure the presence of a witness or the production of documents for a proceeding. Subpoenas shall be issued for evidence that is relevant and material. Each case shall be evaluated individually to make this determination, based upon the following factors:(1) whether the person is an evidentiary or dispositional witness;(2) the relevance and materiality of the testimony or documents to the issues to be decided during the fact finding (violation) phase of the hearing;(3) the availability of the witness and/or the documents;(4) whether the parolee/prisoner or the parolee's/prisoner's attorney has made reasonable efforts to produce an evidentiary witness;(5) whether the witness resides more than 50 miles outside the county where the hearing will be held.(b) Witnesses. (1) General. Requests for subpoenas for witnesses shall be screened in accordance with the procedures of § 2668. A request for a subpoena may be denied for any witness whose testimony is clearly irrelevant or cumulative.(2) Evidentiary Witnesses. Requests for subpoenas for evidentiary witnesses shall ordinarily be granted even though the testimony may be cumulative, such as when several persons witnessed the incident. Fearfulness of an evidentiary witness shall be considered and may justify denial of a request for a subpoena. See § 2668(e).(3) Dispositional Witnesses. Normally only evidentiary witnesses will be subpoenaed. The testimony of dispositional witnesses whose testimony is of a general nature should be presented by means of written statements, letters, or affidavits. The parolee/prisoner or the parolee's/prisoner's attorney shall provide a written statement which summarizes the expected testimony and states how the testimony would be relevant, material, and non-cumulative.(c) Documentary Evidence. Subpoenas duces tecum may be issued for documentary evidence that is relevant and non-cumulative and under the control of someone other than the parolee/prisoner, the parolee's/prisoner's attorney, P&CSD or the board. A declaration in support shall accompany the request for a subpoena duces tecum.(d) At the Time of the Hearing. After the revocation 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 date at least 10 working days later.(e) Denial. The reason for the denial of a request for a subpoena or a subpoena duces tecum shall be documented and a copy of the decision given to the parolee/prisoner or to the parolee's/prisoner's attorney.Cal. Code Regs. Tit. 15, § 2677
1. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment of section and NOTE filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). Note: Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.3, Penal Code; and In re Carroll (1978) 80 Cal.App. 3d 22.
1. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).