Question

Your case file is subpoenaed by a local defense attorney. You have placed your investigative field notes in the subpoenaed file. You must?

1) turn over a complete copy of the case file as is.
2) purge the case file of all extraneous data (including notes) before you release it.
3) make a copy of and retain your notes before you release the original file.
4) make a second case file and retain it in your office.
5) start a second file.

Answer 1

When a case file is subpoenaed, one should generally turn over the complete file as requested, including field notes, after consulting with legal counsel. It is advisable to retain a copy of the provided documents for records. Altering or creating a second file can lead to legal consequences.

Step-by-step explanation:

If your case file is subpoenaed by a local defense attorney and it includes your investigative field notes, the protocol you should follow will depend on the legal jurisdiction and the specific guidelines of the agency or body you work for. Generally speaking, when a subpoena is issued, it requires the person to produce evidence including documents that are pertinent to a legal proceeding. In most cases, you are required to turn over a complete copy of the case file as is, which includes all investigative field notes, unless those notes are considered privileged or protected by law.

However, it is recommended to:

1. Review the subpoena carefully to understand what exactly is being requested.
2. Consult with legal counsel to ensure that the response is compliant with applicable laws and regulations.
3. Retain a copy of the documents you provide, including your notes, for your records.

Any purging or alteration of the documents requested in a subpoena can be considered obstruction of justice or contempt of court. Furthermore, creating a second file is unnecessary and could potentially lead to accusations of document tampering or spoliation.