Subpoenas, Securing Attendance, and Evidence in Habeas Corpus

A good attorney will have the ability to establish subpoenas in a habeas corpus petition. Learn more about this kind of evidence here.

A witness residing in Connecticut has no legal obligation to appear at a habeas trial absent a properly issued subpoena. General Statutes §§ 1-3b, 52-143 and 52-144 empower habeas counsel to issue subpoenas. Also, it allows them to seek court intervention if the subpoenas get ignored. If the witness resides out of state, it may be difficult to secure the attendance of the witness.

Securing Attendance

The uniform act to secure the attendance of out-of-state witnesses. You should see General Statutes § 54-82i(c) is of no benefit because the habeas proceeding is a civil proceeding. The best course of action may simply be to offer to compensate the witness for his or her travel costs. Or, you can provide the transportation by buying a plane or bus ticket or sending a livery service. In addition, the cost of these measures may exceed that permitted in the subpoena statutes. So, habeas court approval should first be obtained. An alternative course of action may be to move the habeas court for permission. This can depose the witness and to introduce the transcript at the habeas trial. See Practice Book § 23-39.

If the witness gets incarcerated in a Connecticut correctional facility, habeas counsel should contact the habeas court clerk’s office. Also, they do this to facilitate the attendance of the witness at the habeas trial pursuant to General Statutes § 18-81a. Witnesses incarcerated in other states or in federal correctional facilities are very difficult to secure. This particularly happens when officials learn that the habeas proceeding is a civil proceeding. Habeas counsel is advised to contact the facility warden to learn the applicable policies and procedures. A practical solution may be to secure the inmate’s testimony by an interactive audiovisual devise under Practice Book §§ 23-40(b) and 23-68.

Subpoenaing Records

If hospital records are needed for the habeas trial, General Statutes § 4 – 104 permits habeas counsel to subpoena the records under seal to the Clerk’s Office. However, opening, reviewing and introducing the hospital records cannot occur without the authorization of the habeas court and the subject of the records. See Practice Book §§ 7-18 and 15-4.

In that a habeas proceeding is a civil action, the signed report of the petitioner’s treating physician or mental health professional is admissible in evidence without the provider taking the witness stand. See General Statutes § 52-174(b). Before trial, however, habeas counsel should give notice under Practice Book §§ 13-4 and 23-38 that the petitioner intends to invoke the statute.

Getting Help

If you would like to file a habeas corpus petition in Connecticut, an attorney can help.