(a) Reserved
(b) Defendant Unable to Pay
(1) Payment of Witnesses. The United States Marshal shall pay witness costs and fees
incurred pursuant to Fed. R. Crim. P. 17(b), and subsection (2) below.
(2) In-District Services. By presenting a copy of the order of appointment to the U.S.
Marshal’s Office, a court-appointed attorney may:
(A) Have in-district witnesses served by the United States Marshal; and
(B) Have in-district witnesses paid attendance fees when also providing the
documentation required by the U.S. Marshal’s Office.
(3) Other Costs. To be allowable, any other costs or fees for defendants unable to pay must
be authorized by court order pursuant to Fed. R. Crim. P. 17(b). Service of any out-of-
district subpoenas issued pursuant to this subsection is to be done by the U.S. Marshal
unless otherwise ordered by the court. Ex parte applications and orders thereon may be filed
and maintained under seal until the witnesses have testified.
(4) Nondisclosure of Witnesses. Except as authorized by the court-appointed attorney or
defendant found financially unable to pay, the United States Marshal shall not disclose the
name and address of persons served pursuant to this rule; and returns of service on such
witnesses are to be filed and maintained under seal until the witnesses have testified.
(c) through (h) Reserved
(d) Subpoena Alternatives
See MJR 1(b) which authorizes magistrate judges to issue writs of habeas corpus ad
testificandum and other orders or warrants to obtain the presence of witnesses.
Criminal Rules
