RE: SUBPOENA DUCES TECUM - CRIMINAL CASES

It has come to the attention of the chief judge that the Clerks of the Circuit Courts of Pasco and Pinellas Counties have been requested to issue subpoena duces tecum for discovery depositions in criminal cases upon praecipe of defense counsel; and

Finding no authority in Fla. R. Crim. P. 3.220 for a discovery deposition subpoena to additionally compel that the witness bring with him or her any reports, documents or other evidence of whatever kind or form; and

Because Fla. R. Crim. P. 3.220 provides the manner and means by which the defense may discovery materials in criminal cases; it is, thereupon

ORDERED:

1. The Clerks of Circuit Courts of Pasco and Pinellas Counties and/or their deputy clerks, shall forthwith cease issuing, and are hereby prohibited from issuing subpoena duces tecum for discovery depositions in criminal cases upon praecipe of defense counsel.

2. Any subpoena for discovery deposition which additionally seeks to compel the witness to bring with him or her any reports, documents or other evidence shall, upon presentation for issuance by defense counsel be declined and returned to the requesting attorneyís office.

3. Nothing herein shall preclude the issuance of such a subpoena duces tecum for discovery deposition in a criminal case when ordered by a judge after motion, notice and hearing thereon pursuant to Fla. R. Crim. P. 3.220, in which event the praecipe and proposed subpoena duces tecum, when presented to the Clerk for issuance, shall have attached thereto a true copy of the court's order directing the issuance of same.

Administrative Order 79-5 is hereby rescinded.

DONE AND ORDERED at St. Petersburg, Pinellas County, Florida, this 31st day of October, 1997.

/s/Susan F. Schaeffer
Susan F. Schaeffer, Chief Judge