Ala. R. Crim. P. 17.1
Committee Comments
Rule 17.1(a) is the present Alabama law which authorizes issuance of subpoenas to any witness within the state. The "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings" also provides for extraterritorial subpoenas. See Ala. Code 1975, § 12-21280 et seq.
Rule 17.1(b) is taken directly from Ala. Code 1975, § 12-16-197, which requires the clerk, the district attorney, or the foreman to issue subpoenas for witnesses the grand jury wishes to hear. Rule 17.1(c)(1) is taken from Ala. Code 1975, § 12-16-198, as to the district attorney's power to call witnesses before the grand jury. Subsection (c)(2) is taken from Ala. Code 1975, § 12-17-184(18), which gives district attorneys power to call witnesses in for investigation under oath when the grand jury is not in session. The definition of "district attorney" as used in this rule omits any reference to municipal prosecutors. Consequently, municipal prosecutors do not have subpoena powers under this rule.