1985. (a) The process by which the attendance of a witness
is
required is the subpoena. It is a writ or order directed
to a person
and requiring the person's attendance at a particular time and
place
to testify as a witness. It may also require a witness to
bring any
books, documents, or other things under the witness's control which
the witness is bound by law to produce in evidence. When
a county
recorder is using the microfilm system for recording, and a witness
is subpoenaed to present a record, the witness shall be deemed
to
have complied with the subpoena if the witness produces a certified
copy thereof.
(b) A copy of an affidavit shall be served with
a subpoena duces
tecum issued before trial, showing good cause for the production
of
the matters and things described in the subpoena, specifying the
exact matters or things desired to be produced, setting forth in
full
detail the materiality thereof to the issues involved in the case,
and stating that the witness has the desired matters or things
in his
or her possession or under his or her control.
(c) The clerk, or a judge, shall issue a subpoena
or subpoena
duces tecum signed and sealed but otherwise in blank to a party
requesting it, who shall fill it in before service. An attorney
at
law who is the attorney of record in an action or proceeding, may
sign and issue a subpoena to require attendance before the court
in
which the action or proceeding is pending or at the trial of an
issue
therein, or upon the taking of a deposition in an action or
proceeding pending therein; the subpoena in such a case need not
be
sealed. An attorney at law who is the attorney of record in an
action
or proceeding, may sign and issue a subpoena duces tecum to require
production of the matters or things described in the subpoena.