Local Rule RULE 9016–1: Subpoena

RULE 9016–1 Subpoena

(a) All requests for the issuance of Clerk-issued subpoenas for the attendance of witnesses at hearings or trials shall be filed with the Clerk no later than fourteen (14) days before the date upon which the witness will be directed to appear. If the request is made within fourteen (14) days prior to the date of the trial or hearing, it may be issued by the Clerk, but no continuance will be granted if said witness fails to appear even though served. The provisions hereof are not intended in any way to change or modify the provisions of Bankruptcy Rule 9016 or any other applicable Bankruptcy Rules.

(b) The Clerk shall not issue any subpoena under Bankruptcy Rule 9016 at the request of a self-represented litigant unless the litigant first obtains an order from the Court authorizing the issuance of the subpoena. Before entering any such order, the Court may require the self-represented litigant to state the reasons why the subpoena should be issued. The Court may deny issuance of the subpoena if (1) it imposes an undue burden or expense on the person subject to the subpoena, upon the United States Marshal Service, or other Court officer who would be required to serve it under 28 U.S.C. § 1915; or (2) if issuance of the requested subpoena is otherwise inconsistent with the requirements of the Bankruptcy Rules.