In the middle of trial, D atty serves Officer with subpoena duces tecum. Actually, he is served at 4:08 pm today requesting presence and docs from local PD tomorrow morning.

Many docs must be procured from HR locker somewhere else, and clerk at PD was not in office this afternoon. Is there any kind of timeliness caselaw that I am unaware of? Didn't see anything in the CCP?

thx

File a Motion to Quash Subpoena and ask for a hearing on how what he wants is material, and live witness testimony is insufficient. Argue that THIS officer isn't even the right person. You can't just hand a random parking lot attendant at the hospital an SDT for medical records and expect it to be complied with overnight. Might buy you some time.

Thanks for the reply.

The issue was that D counsel had 4 years to request the officer's tcole records, proficiency exams, and every copy of the NHTSA manual at officer's PD. He chose to serve the subpoena on Officer and PD during trial, at 4:08pm requesting all docs the following morning. The request was an obvious attempt at creating havoc and delaying a case that had been pending for 4 years - mostly due to his own requests for continuance and resets.

We did attempt to provide everything requested, despite the complete lack of relevance of the requests. Once the custodian of the PD showed up with a massive stack of proficiency exams, D counsel stacked them up on the table and passed the witness.

My request was less directed at keeping the requested information from D counsel, that's not something I would do. The issue was his apparently transparent attempt to delay a 1300 day old case based on a very untimely subpoena.

Thanks again