Local Rule Criminal Rule 17.1: Subpoenas

Criminal Rule 17.1 Subpoenas a. Payment of Costs. As authorized by Rule 17(b), Fed. R. Crim. P., the Court orders that the cost incurred for the service of process and witness fees for each witness subpoenaed by defense counsel appointed under the Criminal Justice Act must be paid in the same manner in which similar costs and fees are paid in case of witnesses subpoenaed on behalf of the government. All subpoenas issued under this rule must bear the name of defense counsel who will cause to be placed thereon after counsel's name the words: "appointed under Criminal Justice Act". b. Production. No subpoena in a criminal case may require the production of books, papers, documents or other objects at a date and time or place other than the date, time and place at which the trial, hearing or proceeding at which these items are to be offered in evidence is scheduled to take place, unless the Court has entered an order under Rule 17(c) of the Federal Rules of Criminal Procedure authorizing the issuance of such subpoena. Any motion for the issuance of a subpoena under Rule 17(c) must be made to the judge assigned for the trial, hearing or proceeding at which the subpoenaed witness or items are to be offered, and must be returnable in no less than seven (7) days from the filing of the motion. Except for good cause shown, all motions for a subpoena duces tecum under Rule 17(c) must be served on all parties who may file an opposition or response not less than seventy-two (72) hours prior to the return date of the motion. Motions seeking subpoenas duces tecum under this subsection must be supported by an affidavit or declaration establishing that: (1) the documents or objects sought are evidentiary and relevant; (2) that the documents or objects sought are not otherwise reasonably procurable in advance of the trial, hearing or proceeding by exercise of due diligence; (3) that the moving party cannot properly prepare for trial without such production and inspection in advance of trial and the failure to obtain such inspection may tend unreasonably to delay the trial; and (4) that the application is made in good faith and is not intended for the purpose of general discovery. Any subpoena duces tecum issued under this subsection must be returnable and the items sought thereunder must be produced before the issuing judge. The Clerk must maintain the items produced pursuant to such subpoenas but must make them available for the inspection of the parties and the attorneys.