I am interested to know how other misdemeanor prosecutors (in CA offices) issue both their trial subpoenas and duces tecum subpoenas. Do you go through your County Clerk's offices? Do you issue them yourselves? etc...

While an attorney of record can issue a subpoena in civil cases, a subpoena in a criminal case must be issued (signed) by a court or clerk. See art. 24.01(d) and art. 24.03(a) of Code of Criminal Procedure.

Thanks for the reply. Of course 24.03 applies to felonies and I'm specifically talking about misdemeanors. And 24.01(d) doesn't really say it has to be a clerk or court, only what they have to do if they issue one. Not necessarily arguing with you on it, was just looking for something a little more clear.

I had the same question when I learned that local PD occasionally issued subpoenas (misdemeanors) on their own, with ct. clerk signature. 24.01 no help, but clerk more comfortable with CA signing first, and that seems best for all concerned.

We file them with the county clerk, and we serve them unofficially through email to our different police agencies.