Q Is the issuance of a subpoena duces tecum prior to the filing of any charges and before a case file has been docketed authorized?

A No. A subpoena duces tecum may not be issued in [municipal] court prior to a filing of charges and before a case file has been docketed. However, a prosecutor may request a search warrant in a proper case to secure the information prior to the filing of charges. (Attorney Generalís Opinion to Henry dated April 3, 2009)