Local Rule LCrR 17: SUBPOENAS AND WRITS
N.D. Iowa — Criminal rule
LCrR 17 SUBPOENAS AND WRITS a. Delivery of Subpoenas to Marshal. The serving party is responsible for providing the United States Marshal's office with an original and 2 copies of each subpoena requested to be served by the Marshal's office. A subpoena for a hearing or trial to be served within the district by the United States Marshal must be delivered to the Marshal's office at least 14 days before the hearing or trial at which the witness is to testify, and a subpoena for a hearing or trial to be served outside of the district by the United States Marshal must be delivered to the Marshal's office at least 21 days before the hearing or trial at which the witness is to testify. Service of a subpoena delivered to the Marshal's office after these deadlines is not guaranteed; the subpoena will only be served if the Marshal's office is able to schedule service conveniently within the time allowed.
b. Private Service of Process Not Authorized by the Criminal Justice Act. Unless prior approval is obtained from a magistrate judge, a lawyer appointed under the Criminal Justice Act may not use private process servers to serve subpoenas for criminal hearings or trials but must use the United States Marshal's office for such service.
c. Deadline for Delivering Writ of Habeas Corpus Ad Testificandum to Marshal. A writ of habeas corpus ad testificandum to be served within the district must be delivered to the United States Marshal's office at least 14 days before the hearing or trial at which the witness is to testify, and a writ of habeas corpus ad testificandum to be served outside of the district must be delivered to the Marshal's office at least 21 days before the hearing or trial at which the witness is to testify.
d. Deadline for Obtaining Approval of Subpoenas and Writs. A lawyer appointed under the Criminal Justice Act who requests a subpoena and any lawyer who requests a writ of habeas corpus ad testificandum must submit a request to a magistrate judge for approval of the subpoena or writ at least 4 days before the deadline for delivering the subpoena or writ to the United States Marshal.