Ala. Admin. Code r. 660-1-6-.04

Current through Register Vol. 42, No. 8, May 31, 2024

Section 660-1-6-.04 - Records To Be Removed From The Office

(1) In cases not referred by the Department, a subpoena to produce documents (called a subpoena duces tecum) shall be received before any original case record, or copies thereof, can be removed from the office to be produced and released elsewhere. A subpoena duces tecum shall also be received in situations requiring removal of the case record or parts of the case record from the office, regardless of whether the documents will leave the physical custody of the Department.

(2) In cases referred by the Department, the Attorney General, District Attorney, or approved Department attorney should issue, or have issued, a written request or a subpoena in situations requiring the removal of the original case record from the office for trial, handwriting analysis, or any other reason. However, in cases referred by the Department, and in situations falling under Rule 660-1-6-.05, copies of material contained in the case record may be made and released to the Attorney General, District Attorney, or approved attorney without a written request or a subpoena or subpoena duces tecum.

Author:

Ala. Admin. Code r. 660-1-6-.04

Effective March 22, 1985.

Statutory Authority:Code of Ala. 1975, §§ 26-14-8, 38-2-6, 38-7-13, 41-22-4.