Local Rule CR17.1: SUBPOENAS IN CRIMINAL CASES INVOLVING COURT-APPOINTED COUNSEL

RULE CR17.1 SUBPOENAS IN CRIMINAL CASES INVOLVING COURT-APPOINTED COUNSEL

(a) Issuance of Subpoenas for Witness Testimony at a Hearing or Trial. In any criminal matter in which the defendant is represented by the Federal Public Defender or other court-appointed counsel, upon request of such counsel, the clerk shall issue a subpoena for witness testimony at a hearing or trial in blank, signed and sealed, to counsel without the necessity for an individual court order. By completing a blank subpoena, defense counsel represents that counsel believes the defendant is unable to pay the witness fees and that the presence of the witness is necessary to an adequate defense. Subpoenas issued under this subsection shall be deemed issued by court order pursuant to Fed. R. Crim. P. 17(b).

(b) Service of Subpoenas. Upon presentation of such a subpoena, the United States Marshal shall serve it in the same manner as in other criminal cases pursuant to Fed. R. Crim. P. 17(b).

(c) Process Costs and Witness Fees. The United States Marshal shall pay the process costs and fees of any witness subpoenaed pursuant to this rule as provided in Fed. R. Crim. P. 17(b) and 28 U.S.C. § 1825.

(d) Subpoenas in Certain Hearings. A subpoena may not be issued under this rule to compel the attendance of a witness at a preliminary hearing, or any hearing related to pretrial detention, or revocation or modification of supervision. *** As adopted 8/26/24.