(a) Order Required for Advance Disclosure. No subpoena issued pursuant to Federal Rule
of Criminal Procedure 17 may require the production of books, papers, documents, or other objects
in advance of the trial, hearing or proceeding at which these items are to be offered in evidence,
unless the Court has first entered an order pursuant to Rule 17(c) of the Federal Rules of Criminal
Procedure.
(1) An order permitting issuance of a Rule 17(c) subpoena may be obtained by filing
either a motion or, for good cause, an ex parte motion. An ex parte motion and order thereon may
be filed under seal for good cause. A party requesting a subpoena must support its request by a
declaration specifying the facts supporting the issuance of the subpoena along with a proposed
order.
(2) The Court will determine whether the material sought should be produced. In issuing
an order granting the motion, the Court may place limits on the scope of the requested production.
(b) Return of Subpoena. Any Rule 17(c) subpoena must be returnable to the Court. The
subpoena may advise that no appearance is necessary if the items are produced in advance of the
date specified, either to the Court, in an envelope delivered to the Clerk's Office, or directly to the
issuing attorney whose name and address appear at the bottom of the subpoena.
(c) Protection for the Recipient. Any Rule 17(c) subpoena must advise the subpoenaed party
that if compliance would be unreasonable or oppressive, it may file a motion to quash or modify
the subpoena, for an in camera review of the documents, or for an order to permit production only
pursuant to a protective order.
(d) Time for Production. No Rule 17(c) subpoena may require the production of documents
or objects in fewer than 14 days from the date the subpoena is served, absent good cause, which
must be demonstrated in the motion seeking the order for issuance of the subpoena. If the items
sought are voluminous, more than 14 days should be permitted to avoid unnecessary motions to
Case: 3:25-mc-00003-RAM-GAT Document #: 10-2 Filed: 01/30/26 Page 9 of 10
quash or modify.
(e) Defendant Subpoenas to the United States Government or United States
Government Employees. In addition to the requirements specified in subsections (a)-(d), a
defendant may not issue a subpoena pursuant to Federal Rule of Criminal Procedure 17 to obtain
books, papers, documents or other objects from the United States government or to obtain
testimony from a United States government employee witness regarding matters within the scope
of the government employee witness's employment, unless the defendant complies with the
applicable agency regulations issued pursuant to U.S. ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).
