(a) Subpoena Duces Tecum
(1) Subpoenas for the Production Before Trial.
(A) A subpoena duces tecum for the production, before trial, of documents,
objects or other materials described in Fed. R. Crim. P. 17(c)(1) may be issued
only upon the granting of a motion made in accordance with LR Cr 47. Any
such motion shall be served on all other parties, unless the Court, for good
cause shown, permits the subpoena to be issued ex parte.
(B) “Good cause” for the issuance of an ex parte subpoena duces tecum shall
require, among other things, a showing that the documents sought are relevant
to the proceeding in question and that disclosure of the subpoena (or of the
documents sought) could unfairly harm the party’s case.
(C) Any such subpoena, whether issued ex parte or upon notice, shall be
returnable to the Court. All other parties shall be entitled to inspect any
item(s) produced unless otherwise ordered by the Court for 7 days after
production. During the 7-day period, the documents are held in temporary
custody by the Clerk, and shall not be placed in the public case file. After the
7-day period expires, the party requesting the production of the documents,
objects, or other materials shall retrieve the produced items from the Court.
(2) Subpoenas for the Production At Trial or Hearing. All subpoenas for the
production of documents, objects, and other material described in Fed. R. Crim. P.
17(c)(1) at trial or at an evidentiary hearing shall be made returnable to the Court at
the place, date, and time of such trial or hearing, unless otherwise ordered by the
Court.
(b) Subpoena Ad Testificandum. Except as provided in Fed. R. Cr. P. 17(f) (subpoenas for
depositions) or as otherwise ordered by the Court, a subpoena for the attendance of witnesses
may be issued only to require the appearance of a witness at trial or at an evidentiary hearing,
and such subpoena shall be returnable to the Court at the time and place of such trial or
hearing.
Effective 12/15/14: §(a)(1)(C) merged into §(a)(1)(D); and §(a)(1)(D) amended and redesignated as §(a)(1)(C).
CROSS-REFERENCES
See LR Gen 102(a)(4) (regarding the filing of ex parte motions).
See also Fed. R. Crim. P. 17(f) (subpoenas for depositions).
U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS
