Legal Question in Appeals and Writs in Alabama

subpeona power for new trial hearing

Is there a provision to issue subpeonas for evidence that was not entered during trial for a hearing for a new trial. Our appeallant attorney said we could not enter new evidence that had not been entered during trial, that we did not have subpeona powere. We are now in a legal malpractice case and the opposing counsel says we should have subpeaoned the evidence. Could you give us a statue on this? I have tried to look it up under the Alabama Code with no luck.


Asked on 5/19/06, 10:47 am

1 Answer from Attorneys
Mari Morrison Mari Morrison

Re: subpeona power for new trial hearing

If you get a hearing on your motion for a new trial, then you can subpoena it. But if you do not get a hearing, you can not. And, if you are in a legal malpractice suit, then the failure to subpoena it for the trial is an element of the claim more than likely.

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Answered on 5/19/06, 12:09 pm


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