Local Rule 9016-1: SUBPOENAS

RULE 9016-1 SUBPOENAS

(A) Request for Subpoena: Attorneys admitted to practice in this Court may issue and sign a subpoena on behalf of this Court. Otherwise, requests for subpoenas from the Clerk shall be in writing and signed by counsel admitted to practice in this Court and who are counsel of record in the action in which the subpoenas are to issue.

Requests for subpoenas from the Clerk by individuals appearing pro se shall be in writing.

Each request for subpoena shall be accompanied by a subpoena which has been completed except for issuance by the Clerk.

(B) Return Date of Subpoenas: All subpoenas shall be made returnable to the place, date and time of trial or hearing unless otherwise ordered by the Court.

(C) Service of Subpoenas: Unless the party requesting same is:

(1) authorized to proceed in forma pauperis pursuant to 28 U.S.C. §1915, or is a seaman authorized to proceed under 28 U.S.C. §1916,

(2) the United States or an officer or agency of the United States or

(3) otherwise ordered by the Court, all subpoenas shall be served by a person who is not a party or otherwise interested in the proceeding and is not less than 18 years of age. Proof of service by such person shall be made as provided for proof of service for summons and complaint in FRBP 7004(a). The person serving the subpoena shall make proof of service thereof to the Court promptly and in any event within the time during which the person served must respond to the subpoena. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to the party summoned the fee for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or an officer or agency thereof, fees and mileage need not be tendered. Attorneys and individuals appearing pro se shall file a proof of service with a certificate that all required witness fees and expenses were tendered with the subpoena requiring the attendance of the witness. Mileage shall be computed and tendered even though the witness to be subpoenaed lives within the city limits. The United States marshal, Deputy United States marshal, or any other person serving subpoenas shall do so only in strict compliance with this Local Bankruptcy Rule.

(D) Subpoenas to Officials: Without permission of the Court first obtained, no subpoena shall be issued for the attendance at any hearing, trial or deposition of (1) the Governor, Lieutenant Governor, or Attorney General of any State; (2) the Judge of any court; (3) the President or Vice President of the United States; (4) any member of the President's Cabinet; (5) any Ambassador or Consul; (6) any member of the United States Congress; or (7) any military officer holding the rank of Admiral or General.

(E) Subpoena Duces Tecum: Unless otherwise provided in the subpoena, whenever a subpoena duces tecum has been directed to any person to produce any books, papers, documents or tangible things to any court and to attend and give testimony at the time scheduled for the trial, taking of depositions or other hearing, the person requested therein to produce, or whenever all parties agree, an alternate, shall produce such items to the Clerk on or before 9:00 a.m. on the day designated, unless the Court orders otherwise, to enable counsel to review the same prior to commencement of the trial or the hearing. Provided, however, if a party has good reason not to produce and surrender custody of the same to the Clerk, that party shall so advise the Court in writing promptly upon receipt of the subpoena to enable the Court to rule on the objection. All counsel are required promptly to inspect said items so the trial may proceed timely.

The provisions hereof are not intended in any way to change or modify the provisions of FRBP 7026 or FRBP 9016 or any other applicable Federal Rule of Bankruptcy Procedure or Federal Rule of Civil Procedure, but to supplement the provisions of FRBP 9016.

(F) Timely Requests for Subpoenas: All requests for the issuance of subpoenas for the attendance of witnesses at hearings or trials shall be filed with the Clerk not later than 14 days before the date upon which the witness will be directed to appear. If the request is made within 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.

(G) Deposition Subpoenas: Proof of service of a notice to take depositions as provided in FRCP 30(a) and FRCP 31(a) constitutes sufficient authorization for the issuance of a subpoena by the Clerk for the attendance of persons named or described therein. The subpoena may command the person to whom it is directed to produce designated books, papers, documents or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by FRCP 26(b), but in that event the subpoena will be subject to the provisions FRCP 30(b) and FRCP 45(b). No subpoena for the taking of depositions shall be issued by the Clerk unless there be exhibited to the Clerk a copy of the notice to take deposition together with a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. FRCP 45(d)(1).

(H) Place of Taking Depositions: The Clerk shall issue a subpoena upon request, or an attorney may issue a subpoena in accordance with paragraph (A) of this Local Bankruptcy Rule for FRBP 2004 examinations or for taking a deposition requiring the appearance of any party or witness in any city or county within the division of the district wherein the party or witness resides or is employed or transacts business, or in any city contiguous to any such county or city, without prior order of the Court; provided, however, that no such subpoena shall direct any party or witness who may reside in either Accomack or Northampton Counties to appear in any other city or county, nor may any party or witness residing in any other county or city be required to appear in Accomack or Northampton Counties, unless said party or witness is employed or transacts business in the city or county wherein the deposition is to be taken, or unless otherwise ordered by the Court. Contiguous cities or counties shall be considered as such even though separated by water but only when located within the particular division of the district. The right is reserved to any party or witness directed to attend a deposition in any contiguous city to insist that said deposition be taken within the city (or county) provided by the Federal Rules of Civil Procedure upon a showing of inconvenience of travel, or infirmities of body, or age.

(I) Subpoenas in Blank: Blank subpoenas shall include the case name and number and shall be complete in every detail except the name and address of the witness. Returns of service shall be made promptly and filed with the Clerk. All service shall be made strictly in accordance with these Local Bankruptcy Rules.

Comments 9016-1 Stylistic changes have been made to the text of the LBR. [Changes effective 12/01/09.]

9016-1 Paragraph (A) is amended to remove the requirement that a check for witness and mileage fees accompanies a request for subpoena. In lieu thereof, a certificate now must accompany the filed proof of service stating that any such required fees had been served with the subpoena. [Change effective 09/03/13.]

9016-1 Paragraph (C) is amended by deleting the provision that exempted a party proceeding in forma pauperis from tendering witness and mileage fees. [Change effective 09/03/13.]

9016-1 Paragraph (A) is amended to comport with the amendment made to FRCP 45(a)(2), which provides that the subpoena must issue from the Court where the action is pending, and FRCP 45(a)(3), which provides that an attorney can issue and sign a subpoena if the attorney is admitted to practice in the issuing Court. Stylistic changes are made to this paragraph, as well. [Changes effective 12/1/15.]

9016-1 Paragraph (E) is amended to clarify that a party can request the production of documents at a place other than the courthouse and at a time other than 9:00 a.m. on the morning of the trial or hearing. Stylistic changes are made to this paragraph, as well. [Change effective 12/1/15.]

9016-1 Paragraph (G) is amended to conform this paragraph to the amendment made to FRCP 45(a)(2), which provides that the subpoena must issue from the Court where the action is pending. [Change effective 12/1/15.]

9016-1 Paragraph (I) is amended to conform this paragraph to the amendment made to FRCP 45(a)(3), which provides that the Clerk must issue a subpoena signed but otherwise in blank to a party who requests it. Stylistic changes are made to this paragraph, as well. [Change effective 12/1/15.]