(a) Preparation of Summons. Any attorney filing a complaint or any other pleading that
requires the issuance of a summons shall prepare and submit the summons using Form AO 440 to
the Clerk. Upon approval, the Clerk shall issue the summons in accordance with Rules 4 and 4.1
of the Federal Rules of Civil Procedure.
(b) Preparation of Subpoenas for Witnesses. The United States Marshal will not serve
subpoenas for witnesses in civil cases unless required to do so by these rules, Federal Rules of
Civil Procedure 45, or by order of the Court. When an attorney delivers subpoenas for witnesses
in civil cases to another individual for service, he or she should do so in accordance with the
Federal Rules of Civil Procedure, at least 10 days prior to trial, and should advance any funds that
may be required. If the foregoing requirements have not been complied with, no motion for
continuance for failure of a witness to appear shall be granted except upon a showing of
extenuating circumstances.
In criminal cases, the United States Attorney shall endeavor to deliver subpoenas for
witnesses to the United States Marshal 10 days prior to trial.
