Issuing subpoenas when requested by the State or defense: is this conduct proper or improper?

• A. Improper
• B. Proper
• C. Unknown
• D. Not applicable

Answer: (B)

Issuing subpoenas upon a proper request from the State or defense is proper. Subpoenas are instruments used to compel a witness to appear or to produce records, which is essential for building a complete and fair record in a case. A clerk or the court issues these subpoenas when a party with authority—such as the State or the defense—asks for them and the request complies with court rules, timing, and scope. This ensures both sides have access to necessary testimony and evidence and that proceedings proceed according to due process. The action remains appropriate as long as the subpoena is issued within the rules, covers relevant non-privileged matter, and is properly served.