Which of the following statements is true?

• A. The municipal courts have specific authority to issue subpoenas for out-of-county witnesses.
• B. If a witness is younger than 18, the court may subpoena his or her parents to produce the witness in court.
• C. A subpoena duces tecum is a subpoena that orders the witness to bring other witnesses with him or her.
• D. If a peace officer serves a subpoena by mail, the subpoena can be mailed regular mail.

Answer: (B)

When a witness is under 18, the court has a mechanism to ensure the minor can be brought to court with proper supervision. The key point is that a parent or guardian can be subpoenaed to produce the minor in court. This recognizes that minors often need an adult to accompany them and handle transportation and safety concerns, so the court can require that the parent or guardian appear to ensure the minor’s appearance.

Subpoena duces tecum is a different tool; it orders a witness to bring documents or tangible items, not to bring other witnesses. That’s why the idea of commanding someone to bring additional witnesses isn’t correct.

Service by mail, especially regular mail, isn’t the standard method for issuing subpoenas in these contexts. Subpoenas are typically served by delivery, often by a peace officer or other authorized person, to ensure proper notice and accountability.

As for out-of-county witnesses, municipal courts generally issue subpoenas for witnesses who can appear within the court’s jurisdiction, with more involved steps required for out-of-county matters.