Subpoena to Produce Documents, Information, or Objects in a Criminal Case
U.S. District Court for the Northern District of Oklahoma
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(Form AO-89B). (a) Motion Required. A motion shall be filed by any party seeking the issuance of a subpoena that orders the production of books, papers, documents, data, or other objects at a date, time, or place other than the date, time, or place of the trial, hearing, or proceeding at which they will be offered in evidence, in accordance with Fed. R. Crim. P. 17(c). If a defendant is unable to pay witness fees, the motion may also request fees.
A motion under this section shall be entitled: Northern District of Oklahoma Local Rules Page 76 of 90 Effective Date: 10/10/2024 (1) “Motion for Document Subpoena”; (2) “Sealed Ex Parte Motion for Document Subpoena”; (3) “Motion for Document Subpoena – Victim Records”; or (4) “Sealed Ex Parte Motion for Document Subpoena – Victim Records.” (b) Attachments to the Motion. The movant must attach to the motion: (1) The proposed subpoena; and (2) A proposed order. The proposed order shall also be submitted to the Court in compliance with the Procedure for Submitting Proposed Documents to the Court, available on the Court’s website. (c) Referral.
Unless otherwise ordered by the presiding judge, the Clerk of Court shall refer all motions under LCrR17-2 to the magistrate judges. (d) Additional Requirements. Motions under this rule are subject to the procedures, limitations, and requirements set forth in the Procedure for Criminal Subpoenas, available on the Court’s website. Northern District of Oklahoma Local Rules Page 77 of 90 Effective Date: 10/10/2024 LCrR17.1 – Pretrial Conference LCrR17.1-1 Stipulations and Exhibits.
Before or during the pretrial conference, the parties should make stipulations as to the undisputed facts, the authenticity of documents, and the admissibility of exhibits, so long as the stipulations are consistent with the applicable Federal Rules of Criminal Procedure and do not violate or jeopardize the constitutional rights of the defendant. Each instrument, or each copy of such instrument (if the parties have agreed to a copy) that the parties anticipate will be offered into evidence should be marked with an exhibit number and case number before the trial. Northern District of Oklahoma Local Rules Page 78 of 90 Effective Date: 10/10/2024 LCrR23 – Jury or Nonjury Trial