Subpoena to Produce Documents or Objects in Advance of Trial or Hearing (a) Order Required. No subpoena in a criminal case may require the production of books, papers, documents or other objects in ad

(1) An order permitting issuance of a Rule 17(c) subpoena may be obtained by filing either a noticed motion pursuant to Crim. L.R. 47-2 or, for good cause, an ex parte motion without advance notice to the opposing party. 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. Cross Reference This rule relieves the party filing an ex parte motion from providing advance notice of the motion to the opposing party as required by Crim. L.R. 47-3.

However, subsection (e) below requires notice to the opposing party of a subpoena seeking personnel or complaint records from a law enforcement agency. (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 and the items sought therein must be delivered to the Court at the place, date and time indicated. The subpoena may advise, however, 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 appears 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.

Motions filed under this subsection must comply with Crim. L.R. 47-2. (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 quash or modify.

USDC Criminal Local Rules – Revised August 21, 2024 CRIM-8 (e) Production of Personnel or Complaint Records from Law Enforcement Agency. In addition to complying with the preceding subsections, if the Rule 17(c) subpoena is directed to a law enforcement agency and seeks the production of personnel or complaint records, the party requesting the subpoena must provide notice of the subpoena to the opposing party in the manner described in subsection (1) below. (1) A party serving a Rule 17(c) subpoena on a law enforcement agency seeking the production, in advance of trial or hearing, of personnel or complaint records of an officer currently or formerly employed by that agency must serve the opposing party with a copy of the subpoena on the same date that the subpoena is served on the agency. (2) The term “law enforcement agency” means all police or sheriff’s departments, including citizen review boards, and including, but not limited to, state or local transit, public housing or park agencies; agencies with the authority to investigate violations of state, county or municipal law; prison, jail or corrections agencies; and parole and probation agencies.

(f) Forms. A party seeking to compel only the production of books, papers, documents or other objects pursuant to Rule 17(c), in advance of the trial, hearing or proceeding at which these items are to be offered in evidence, must utilize form CAND 89B, “Subpoena to Produce Documents or Objects in a Criminal Case.” A party seeking to compel production of personnel or complaint records from state law enforcement pursuant to (e) of this local rule must utilize CAND 89C, “Subpoena to Produce State Law Enforcement Personnel or Complaint Records.” Forms are available at the Court’s website: cand.uscourts.gov. 17.1-1. Pretrial Conference (a) Time for Pretrial Conference.

On request of any party or on the Judge's own motion, the assigned Judge may hold one or more pretrial conferences in any criminal action or proceeding. (b) Pretrial Conference Statement. Unless otherwise ordered, not less than 7 days prior to the pretrial conference, the parties shall file a pretrial conference statement addressing the matters set forth below, if pertinent to the case: (1) Disclosure and contemplated use of statements or reports of witnesses under the Jencks Act, 18 U.S.C. § 3500, or Fed. R. Crim. P. 26.2; (2) Disclosure and contemplated use of grand jury testimony of witnesses intended to be called at the trial; (3) Disclosure of exculpatory or other evidence favorable to the defendant on the issue of guilt or punishment; (4) Stipulation of facts which may be deemed proved at the trial without further proof by either party and limitation of witnesses; (5) Appointment by the Court of interpreters under Fed. R. Crim. P. 28; (6) Dismissal of counts and elimination from the case of certain issues, e.g., insanity, alibi and statute of limitations; (7) (8) Joinder pursuant to Fed. R. Crim. P. 13 or the severance of trial as to any co- defendant; Identification of informers, use of lineup or other identification evidence and evidence of prior convictions of defendant or any witness, etc.; USDC Criminal Local Rules – Revised August 21, 2024 CRIM-9 (9) Pretrial exchange of lists of witnesses intended to be called in person or by deposition to testify at trial, except those who may be called only for impeachment or rebuttal; (10) Pretrial exchange of documents, exhibits, summaries, schedules, models or diagrams intended to be offered or used at trial, except materials that may be used only for impeachment or rebuttal; (11) Pretrial resolution of objections to exhibits or testimony to be offered at trial; (12) Preparation of trial briefs on controverted points of law likely to arise at trial; (13) Scheduling of the trial and of witnesses; (14) Request to submit questionnaire for prospective jurors pursuant to Crim. L.R. 24- 1, voir dire questions, exercise of peremptory and cause challenges and jury instructions; (15) Any other matter which may tend to promote a fair and expeditious trial. USDC Criminal Local Rules – Revised August 21, 2024 CRIM-10