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LCrR 17.1 Issuance of Subpoenas on Application of Appointed Counsel

(a) Defense counsel appointed under the Criminal Justice Act and federal defenders may obtain witness subpoenas from the clerk's office. The clerk must issue those subpoenas signed, sealed, and designated in forma pauperis, but otherwise in blank. By completing such a subpoena, defense counsel certifies that in counsel's opinion the witness's presence is necessary to an adequate defense. Witness subpoenas issued under this subrule may not be served more than 100 miles from the place of holding court.

(b) An application for the issuance of a subpoena in forma pauperis shall be made to the Court if the witness will be subpoenaed at a place more than 100 miles from the place of holding court. The application may be made ex parte.

(c) The United States Marshal is authorized to serve witness subpoenas pursuant to Fed. R. Crim. P. 17(d).

Comment: LCrR 17.1 should be read with Fed. R. Crim. P. 17 (which is substantially similar to Fed R. Civ. P. 45).

March 02, 1998


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