Louisiana Code of Criminal Procedure Article 103 grants the coroner authority to issue subpoenas and subpoenas duces tecum — compelling witnesses, testimony, and documents — during the course of an investigation. This investigative tool can generate evidence that later appears in a criminal prosecution.
What the Statute Says
Art. 103. Subpoena of witnesses; testimony; subpoena duces tecum; issuance
A. The coroner may issue a subpoena or a subpoena duces tecum in the course of an investigation, directing a witness to appear and testify at an open hearing to be held at a time and place designated in the subpoena or directing the production of medical records and other documents relating to a deceased person which are necessary to classify the cause and manner of death. The subpoena shall be served in the same manner and with the same effect as a subpoena for a witness at a trial.
B.(1) The subpoena duces tecum shall be filed in and issued by the district court in the domicile of the coroner, and may be served by a coroner investigator.
(2) Production of the records, or a copy thereof, shall be made at the office of the coroner within five days of service of the subpoena duces tecum.
(3) All records produced pursuant to a subpoena duces tecum issued in accordance with this Paragraph are confidential unless otherwise ordered by the court. However, a subpoena duces tecum for the production of a public record does not alter the public nature of that record.
(4) Any person acting pursuant to and in accordance with the provisions hereof shall be immune from liability for production or disclosure to the coroner of the records identified in the subpoena duces tecum.
(5) Failure to comply with a subpoena duces tecum issued under this Article is punishable as contempt of court.
C. The witness shall be sworn, in accordance with Article 14, by the coroner or another person authorized to administer oaths, and the testimony may be reduced to writing. If the testimony is reduced to writing, the transcript shall be available for inspection by a person requesting it. Failure of a witness to appear is punishable as a constructive contempt of court.
D. No provision of this Article shall be deemed to amend, supersede, or repeal the provisions of R.S. 45:1455 et seq.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 103 Matters to Your Defense
Article 103 matters because evidence gathered through coroner subpoenas may be used against a defendant. Knowing the scope and limits of that power lets the defense test whether the subpoena was proper and whether the resulting evidence was lawfully obtained.
Compelled testimony and records raise important questions about privilege, scope, and constitutional protections. Each is a potential point of challenge in the right case.
How Our Attorneys Use Article 103
We scrutinize subpoenas issued during a coroner’s investigation, assessing whether they exceeded the statute’s scope or infringed protected rights. Improperly compelled evidence can sometimes be excluded.
We also use the records produced under such subpoenas to build the defense, since the same evidence the State relies on can cut both ways. See our Louisiana criminal procedure overview for context.
Frequently Asked Questions
Yes. Article 103 allows the coroner to issue subpoenas and subpoenas duces tecum to compel witnesses, testimony, and documents during an investigation.
It can, which is why the defense should examine whether the subpoena was within the statute’s scope and whether the evidence was lawfully obtained.
It is a subpoena that compels the production of documents or other tangible evidence, as opposed to merely requiring a person to testify.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves evidence gathered by coroner subpoena, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.