(a) Production Before Trial. Except on order of a judge, no subpoena for
production of documents or objects shall be issued if the subpoena requests production before
trial. See Fed. R. Crim. P. 17(c).
(b) Depositions. Except on order of a judge, no subpoena for a deposition shall be
sought or issued. See Fed. R. Crim. P. 15; 17(f).
(c) Subpoenas Requested by Attorneys Appointed Under the Criminal Justice Act.
1. The Clerk shall issue subpoenas, signed but otherwise in blank, to an attorney
appointed under the Criminal Justice Act. No subpoena so issued shall be served
outside the boundaries of this District.
2. If an attorney needs to subpoena a witness outside the boundaries of this District,
the attorney shall make an ex parte application for issuance of a subpoena shall be
made to the appropriate court.
3. The defense attorney shall request that the United States Marshal serve the
subpoenas under this Rule. The defense attorney shall obtain an order from the
Court directing the Marshal to serve subpoenas. The Marshal shall serve the
subpoenas in the same manner as in other cases, except that the name and address
of the person served shall not be disclosed without prior authorization of the
defense attorney. No fee shall be allowed for private service of any subpoena
issued under this Rule unless the attorney obtains express advance authorization
by written order of the Court.
4. As authorized by Fed. R. Crim. P. 17(b), the Court orders that the costs for service
of process and payment of witness fees for each witness subpoenaed under this
Rule shall be paid in the same manner in which similar costs and fees are paid in
the case of a witness subpoenaed on behalf of the government. See also 28 U.S.C.
§1825.
(d) Grand Jury Subpoenas: The Clerk may issue to the U.S. Attorney a blank
Grand Jury Subpoena, signed and sealed for use in their Grand Jury Tracking System (“GJTS”).
Use of the blank, signed and sealed subpoena form shall be limited to the issuance of Grand Jury
Subpoenas only by the U.S. Attorney.
