(a) In General. If a party who has been authorized to proceed in forma pauperis desires
the attendance of any witness or the production of any documents or evidence by subpoena or
writ, that party shall file a motion containing the name, address, and, if applicable, the inmate
number, and brief statement of the expected testimony, or of the documents or other evidence
to be produced from each witness not later than twenty-one (21) days before the trial, hearing,
or deposition where the witness is expected to testify or produce the requested evidence. If a
witness’s stated testimony, or the requested evidence, is not material to the claims or defenses
at issue in the case, is repetitive, or unduly burdensome, the court may, in its discretion,
decline to order, or otherwise limit the production of the witness or of the requested evidence.
(b) Subpoena Costs.
(i) IFP 28 U.S.C. §§ 2254 and 2255 and Indigent Criminal Cases.
In in forma pauperis cases brought pursuant to 28 U.S.C. §§ 2254 and 2255, and in
indigent criminal cases, witness fees, service fees, and expenses for the subpoena of all
witnesses shall be paid for by the Marshal.
(ii) All Other IFP Cases.
In all other in forma pauperis cases, if requested by the party by motion, the service fees
for the subpoena shall be paid for by the Marshal. All other witness fees and expenses
shall not be paid by the United States and are the responsibility of the party. Witnesses
shall be subpoenaed as provided by Fed. R. Civ. P. 45(b) and fees tendered accordingly.
If no tender is made as required by Rule 45(b) when the subpoena is served, the witness
shall not be penalized for failure to attend. However, if the witness honors the
subpoena and the subpoenaing party recovers its costs, the witness shall be entitled to
payment of fees from the recovered costs on application to the court.
(§ (a) amended 1/1/02, 12/1/09; §§ (a) and (b) amended 12/1/17)
