(a) Request for Issuance. In all criminal matters in which the defendant is represented by
a federal defender or by other court-appointed counsel, upon oral or written request of counsel
for issuance of five or less subpoenas for a hearing or trial, the clerk shall issue such
subpoena(s) without the necessity for an individual court order. A request for more than five
subpoenas requires prior court approval.
(b) Service. Upon presentation to the United States Marshal of such a subpoena, the
Marshal shall serve said subpoena in the same manner as in other criminal cases pursuant to
Fed. R. Crim. P. 17(b).
(c) Payment. Subpoenas issued under subsection (a) are issued upon approval of the court.
Therefore, whether the subpoena is served by the Marshal or by another individual, upon
presentation to the United States Marshal of a properly executed claim form, certified by the
federal defender, an assistant federal defender, or by the clerk upon affidavit of other court-
appointed counsel (see 28 U.S.C. §1825), the Marshal shall pay the fees of the witness so
subpoenaed as provided in Fed. R. Crim. P. 17(b)).
