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Grrrrrr - Now the Defense wants to rewrite the SC Rules of Criminal Procedure
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On Sept. 23, Murdaugh’s criminal defense team, which includes noted attorneys Richard Harpootlian and Jim Griffin, filed a motion in Colleton County General Sessions Court asking for “subpoena duces tecum” powers as they work to prepare Murdaugh’s defense.
While a typical subpoena is a court order requiring the attendance of a witness to testify at a particular time and place, a subpoena duces tecum is an order requiring a witness to bring forth documents, materials or other items under their control that they may be bound by law to produce into evidence during a later trial.
State prosecutors have since filed a motion in opposition, contending that subpoenas command witnesses to appear or deliver documents “at a specified court proceeding” and not before the trial. They have contended that Murdaugh’s motion not only violates rules of criminal procedure but is also unconstitutional.
Murdaugh murders case: S. Carolina says Alex Murdaugh should not be a 'special defendant'
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On Sept. 23, Murdaugh’s criminal defense team, which includes noted attorneys Richard Harpootlian and Jim Griffin, filed a motion in Colleton County General Sessions Court asking for “subpoena duces tecum” powers as they work to prepare Murdaugh’s defense.
While a typical subpoena is a court order requiring the attendance of a witness to testify at a particular time and place, a subpoena duces tecum is an order requiring a witness to bring forth documents, materials or other items under their control that they may be bound by law to produce into evidence during a later trial.
State prosecutors have since filed a motion in opposition, contending that subpoenas command witnesses to appear or deliver documents “at a specified court proceeding” and not before the trial. They have contended that Murdaugh’s motion not only violates rules of criminal procedure but is also unconstitutional.
Murdaugh murders case: S. Carolina says Alex Murdaugh should not be a 'special defendant'