(Form AO-89B).
(a) Motion Required. A motion shall be filed by any party seeking the issuance of a subpoena
that orders the production of books, papers, documents, data, or other objects at a date,
time, or place other than the date, time, or place of the trial, hearing, or proceeding at which
they will be offered in evidence, in accordance with Fed. R. Crim. P. 17(c). If a defendant
is unable to pay witness fees, the motion may also request fees. A motion under this section
shall be entitled:
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(1) “Motion for Document Subpoena”;
(2) “Sealed Ex Parte Motion for Document Subpoena”;
(3) “Motion for Document Subpoena – Victim Records”; or
(4) “Sealed Ex Parte Motion for Document Subpoena – Victim Records.”
(b) 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.
(c) Referral. Unless otherwise ordered by the presiding judge, the Clerk of Court shall refer
all motions under LCrR17-2 to the magistrate judges.
(d) 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.
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