(a) Defendant Unable to Pay
(1) Subpoenas Served Within 100 Miles. For subpoenas to be served within 100 miles from
the place of holding court, defense counsel appointed under the Criminal Justice Act and federal
defenders may obtain witness subpoenas from the clerk’s office. The clerk must issue those subpoenas
signed, sealed, and designated in forma pauperis, but otherwise in blank. By completing such a subpoena,
defense counsel certifies that in counsel’s opinion the witness’s presence is necessary to an adequate
defense.
(2) Subpoenas Served More Than 100 Miles Away. For subpoenas to be served more than
100 miles from the place of holding court, an application for issuance of a subpoena in forma pauperis
must be made to the Court. The application may be made ex parte.
(b) A party seeking a subpoena for books, papers, documents, data, or other objects under Fed. R.
Crim. P. 17(c) in advance of trial must seek prior approval from the court. An application for approval may
be made ex parte. The subpoena must state that the requested items must be returned to the chambers
of the assigned judge.
COMMENT: LCrR 17.1 should be read with Fed. R. Crim. P. 17 (which is
substantially similar to Fed R. Civ. P. 45). Paragraph (b) provides guidance
for the issuance and return of subpoenas under Fed. R. Crim. P. 17(c).
That rule was “not intended to provide a means of discovery for criminal
cases,” but it was designed “to expedite the trial by providing a time and
place before trial for the inspection of subpoenaed materials.” United
States v. Nixon, 418 U.S. 683, 698-99 (1974). To facilitate court
supervision of subpoenas directed to third parties, subpoenas issued
under that rule must specify that the items sought be returned to the
court, and not elsewhere, such as a lawyer’s office.
July 1, 2017
United States District Court
Eastern District of Michigan
