Local Rule 117.2: SUBPOENAS IN CRIMINAL CASES INVOLVING COURT-APPOINTED COUNSEL
D. Mass. — Criminal rule
RULE 117.2 SUBPOENAS IN CRIMINAL CASES INVOLVING COURT-APPOINTED COUNSEL
(a) Issuance of Subpoenas. 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 hearing or trial in blank, signed and sealed, to counsel without the necessity for an individual court order.
(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. Subpoenas issued under subsection (a) of this Rule are issued upon approval of the court. 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 in
(1) a preliminary hearing pursuant to Fed. R. Crim. P. 5.1 or Rule 32.1(b)(1);
(2) a detention hearing held pursuant to 18 U.S.C. § 3142(f); or
(3) a hearing concerning the revocation of release as provided in 18 U.S.C. § 3148,
without first seeking leave from the presiding judicial officer.
Adopted January 3, 2012; effective February 1, 2012.