Local Rule 45.1: Deadlines and Procedures for Requesting Issuance of Subpoenas or Writs Ad Testificandum
M.D. Ala. — Civil rule
Local Rule 45.1 Deadlines and Procedures for Requesting Issuance of Subpoenas or Writs Ad Testificandum.
(a) Deadline for filing requests for witnesses when subpoena or writ ad testificandum is to be served by the U. S. Marshal Service in other than in forma pauperis cases:
(1) In all civil or criminal cases, other than in forma pauperis cases, all subpoenas or writs ad testificandum requesting the attendance of witnesses that are to be served by the U. S. Marshal Service should
(A) be filed not less than fourteen (14) calendar days prior to the trial date or hearing; and
(B) contain the complete name and address of the witness (and inmate or civilian status and AIS number if available).
(b) Procedures for issuance of subpoena or writ ad testificandum in in forma pauperis cases in 28 U.S.C. § 2255 proceedings or in proceedings for a writ of habeas corpus or in indigent defendant criminal cases:
(1) In all in forma pauperis cases in § 2255 proceedings or in proceedings for a writ of habeas corpus, an indigent party desiring the attendance of any witness by subpoena or writ ad testificandum shall file not later than twenty-one (21) calendar days before the trial or hearing a motion that contains
(A) the complete names and addresses of witnesses (and inmate or civilian status and AIS number if available); and
(B) a brief statement of the expected testimony of each witness (if such stated testimony is not material or is simply repetitive, the Court may in its discretion deny the requested subpoena or writ ad testificandum).
(2) In all indigent defendant criminal cases, an indigent defendant's ex parte motion under Fed. R. Crim. P. 17(b) should
(A) be filed not later than twenty-one (21) calendar days before the trial or hearing; and
(B) contain, in addition to the showing required by Fed. R. Crim. P. 17(b), the complete names and addresses of witnesses (and inmate or civilian status and AIS number if available).
(3) Except in pro se prisoner cases, a subpoena for each witness must be attached to the motion.
(4) In criminal cases, an indigent defendant may request that such motion be filed under seal.
(c) Failure of Witness To Appear: No continuance of any cause will be predicated on the failure of a witness to appear unless this rule has been complied with, except upon a showing of exceptional circumstances.