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.
