(a) A party who seeks documents or objects from a witness, regardless of whether
the party has retained or appointed counsel or is self-represented, must file a
4 See n.1.
Local Rules of Criminal Practice - District of Utah Eff. December 2025
motion for a subpoena under Fed. R. Crim. P. 17(c). A party may file the motion
ex parte and with restricted access consistent with General Order 24-004.5
(b) The motion must include:
(1) a description of the specific material requested;
(2) an explanation of the following—
(A) the likelihood of admissibility of the material requested;
(B) why the material is unavailable through other means; and
(C) why the matter cannot be adequately prepared without the
material;
(3) one of the following representations—
(A) the subpoena does not seek a victim’s personal or confidential
information;
(B) the movant does not know whether the subpoena seeks a victim’s
personal or confidential information; or
(C) the subpoena expressly seeks a victim’s personal or confidential
information; and
(4) a copy of the proposed subpoena attached as an exhibit.
(c) If the court concludes that a subpoena should issue that expressly seeks a
victim’s personal or confidential information, the following steps will be taken,
absent exceptional circumstances:
(1) the court will enter an order directing the Clerk’s Office to provide the
contact information of the victim or the victim’s legal representative to the
movant;
5 See n.1.
Local Rules of Criminal Practice - District of Utah Eff. December 2025
(2) the movant must serve the victim or the victim’s legal representative,
under Fed. R. Crim. P. 49, with a written notice that includes the
following—
(A) a copy of the proposed subpoena;
(B) a statement that the victim has the right to file a sealed motion to
quash or modify or otherwise object to the subpoena within 14
days after service of the notice;
(C) a copy of DUCrimR 17-2; and
(D) a copy of Fed. R. Crim. P. 17;
(3) if a motion or objection is filed within 14 days after service, the subpoena
will not issue until further order of the court;
(4) if a motion or objection is not filed within 14 days after service, the
movant must file an ex parte certificate of compliance with
section 17-2(c)(2) consistent with General Order 24-0046 and request that
the court grant the motion and direct the Clerk’s Office to issue the
subpoena; and
(5) the Clerk’s Office will issue the subpoena to the movant for service.
