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This Matter Comes Before the Court on the Motion of the Petitioner Co PetitionerRespondent Both Parties Form

This Matter Comes Before the Court on the Motion of the Petitioner Co PetitionerRespondent Both Parties Form

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just as that initial argument goes I I do find that the article of the code dealing with these subpoenas doesn't make a distinction between a subpoena for the production of evidence and the production of testimony and that's for several reasons I think what plain reading of the statute at issue doesn't limit quaal to just one type of subpoena and I'd note there's a previous section of the article that explicitly defines the term espena subpoena to include both production of evidence and testimony I would also point out the Joiner case cited by defense Council was explicitly decided in the context of a 24- 1322 subpoena and looking at the persuasive authority of Daniel's criminal trial practice he directly addresses the question and points to at least one prior pellet decision who's addressed quaal of a witness's testimony and that was a Clark case from the Supreme Court 240 Georgia 289 and then just ultimately I think the

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