(a) No Motion Required. A witness subpoena returnable at the time of trial or other hearing
may generally be issued by the Clerk of Court, in accordance with Fed. R. Crim. P. 17(a),
except as provided in LCrR17-1(b)-(d).
(b) Motion Required – Unable to Pay. If a defendant is unable to pay witness fees, the
defendant must file a sealed ex parte motion, in accordance with Fed. R. Crim. P. 17(b). A
motion under this section shall be entitled:
(1) “Sealed Ex Parte Motion for Witness Subpoena.”
(c) Motion Required - Victim Records. If the subpoena requests the witness to bring personal
or confidential records about a victim, a party must file a motion stating that victim notice
has been provided; requesting authority to provide victim notice; or setting forth
exceptional circumstances that justify foregoing victim notification, in accordance with
Fed. R. Crim. P. 17(c)(3). If a defendant is unable to pay witness fees, the motion may also
request fees. A motion under this section shall be entitled:
(1) “Motion for Witness Subpoena – Victim Records”; or
(2) “Sealed Ex Parte Motion for Witness Subpoena – Victim Records.”
(d) Attachments to the Motion. The movant must attach to the motion:
(1) The proposed subpoena; and
(2) A proposed order. The proposed order shall also be submitted to the Court in
compliance with the Procedure for Submitting Proposed Documents to the Court,
available on the Court’s website.
(e) Referral. Unless otherwise ordered by the presiding judge, the Clerk of Court shall refer
all motions under LCrR17-1 to the magistrate judges.
(f) Additional Requirements. Motions under this rule are subject to the procedures,
limitations, and requirements set forth in the Procedure for Criminal Subpoenas, available
on the Court’s website.
