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Senate approves limits on defense subpoenas after contested floor debate

Senate · March 24, 2024
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Summary

Senate File 571, restricting defense subpoenas in criminal cases by requiring court approval and a preponderance showing of compelling need, passed after contentious debate over victims’ privacy and defendants’ access to evidence; final roll-call recorded 34 ayes, 15 nays.

The Iowa Senate approved Senate File 571, which places limits on the use of defense subpoenas in criminal discovery by requiring defendants to apply to the court and to prove by a preponderance of evidence that requested materials are material, necessary, exculpatory and admissible and that there is a compelling need that cannot be satisfied by other sources.

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