I was pulled over for speeding and I want to fight the ticket. However, I need to subpoena the radar repair records, tuning fork calibration, etc...I just don't know what type of subpoena form to use, in order to obtain those documents.
That's an interesting question.
You definitely can't serve the subpoena because you are a party to the action. Penal Code §1328.
The attorney of record for a criminal defendant can issue a subpoena, as can the other people I mentioned. Penal Code §1326(a)(4)
Since you're pro per (representing yourself, for any readers who didn't spend years of their lives listening to Latin phrases in law school like we did), I would argue that you are your attorney of record.... but I would get the clerk of the court to endorse the subpoena.
The California Judicial Council has adopted the subpoena form I mentioned for mandatory use. An otherwise valid order is not invalidated because it isn't on the mandatory form, or because it's on the wrong form. California Rules of Court, Rule 1.31.
However, since there IS a form available for free, you know it's correct, and you can just type in the information, why mess around with anything else?
The form you need is a subpoena duces tecum, form CR-125. It is available from the California Courts website at www.courtinfo.ca.gov
Be sure to download the "fillable" PDF version so you can type the info directly into it.
Lawyers can sign subpoenas, which are actually a court order, but you will have to have the clerk of the court issue it for you. (Judges, and investigators for the district attorney or public defender, can also issue subpoenas.)
You cannot serve the subpoena on the law enforcement agency because you are a party to the case. A subpoena may be served by anyone over the age of 18 who is a California resident; however, they are most often served by private investigators, deputy sheriffs or licensed process servers.
On the subpoena there is a place where you can enter the name of the person served. It should be "Custodian of Records" for the law enforcement agency that has the records. Check the box where it says they do not need to appear, and can send the documents to the court with a declaration certifying they are authentic.
After all that, here's a practical note....
Many traffic cases get dismissed because the cop doesn't show up for court. If you make them do all of the work of providing documents, you can bet the cop will be there. If you don't understand the rules of evidence, you might not be able to do anything with the documents once your get them, anyway.
