Local Rule Local Civil Rule 45: Subpoenas

LOCAL CIVIL RULE 45

SUBPOENAS

(A) Issuance of Subpoenas: Attorneys of record in an action, or associates in firms of record, as officers of the Court, shall issue all subpoenas in the action as authorized by Fed. R. Civ. P. 45(a)(3).

Parties appearing pro se may apply for subpoenas in their own behalf. All such requests by such party must be accompanied by a memorandum setting forth the names and addresses of witnesses or the documents requested and why and for what purpose or purposes. All such requests by pro se parties shall be referred to a judge or magistrate judge of this Court who shall first determine whether the requested subpoena shall issue; provided, however, that such determination shall not preclude any witness or person summoned or other interested party from later contesting the subpoena.

(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) Proof of Service of Subpoenas: In civil actions, the party issuing a subpoena for a trial, a hearing, or contempt proceedings, or when it is otherwise necessary to file proof of service, shall file proof of service in the form required by Fed. R. Civ. P. 45(b)(4). Any such proof of service shall be filed promptly and, in any event, within the time during which the person served must respond to the subpoena. Lawyers and parties proceeding pro se shall file with the proof of service in civil actions a certificate that all required witness fees and expenses were served with the subpoena requiring the attendance of the witness.

(D) Subpoenas to Officials: Without first obtaining permission of the Court, no subpoena shall issue for the attendance at any hearing, trial, or deposition of: (1) the Governor, Lieutenant Governor, or Attorney General of any State; (2) a 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; or (6) any military officer holding the rank of Admiral or General.

(E) Timely Service of Subpoenas for Trial or Hearings: Except as otherwise ordered by the Court for good cause shown, subpoenas for attendance of witnesses at hearings or trials in civil actions shall be served not later than fourteen (14) days before the date of the hearing or trial.

(F) Deposition Subpoenas: Proof of service of a notice to take depositions as provided in Fed. R. Civ. P. 30(b) and 31(b) constitutes sufficient authorization for the issuance of a subpoena by the Clerk for the district in which the deposition is to be taken for the attendance of persons named or described therein. Except as otherwise ordered by the Court for good cause shown, subpoenas compelling attendance at a deposition shall be served not later than eleven (11) days before the date of the deposition. 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.

(G) Civil Actions – Place of Taking Deposition: Except with respect to a witness in a foreign country (See 28 U.S.C. § 1783), the Clerk shall, upon request, issue a subpoena for taking a deposition requiring the appearance of any party or witness at any place within the district or 100 miles from the place where that person resides, is employed, or transacts business in person, or is served, or at such other convenient place as is fixed by an order of court.

(H) Subpoenas in Blank: Whenever there is a question as to whether or not a subpoena in blank should be issued by the Clerk, the applicant shall be referred to a judge of this Court for a final determination. Before issuing a subpoena in blank, the Clerk shall determine the actual pendency of the action and the date and time set for hearing or trial. Except for good cause shown, a blank subpoena returnable in one division will not be issued out of another division. Blank subpoenas shall recite the title and number of the case and shall be completed in every detail except for the name and address of the witness. Returns of service shall be made promptly and filed with the Clerk. Service of subpoenas in blank shall be subject to the requirements of these Local Rules.