Subpoena to Testify in a Criminal Case

(a) Forms. A party seeking to compel the appearance of a witness to testify at a criminal proceeding pursuant to Rule 17(a) or (b) of the Federal Rules of Criminal Procedure, or a party seeking to compel the appearance of a witness to testify and bring documents to a criminal proceeding pursuant to Rule 17(c), must use AO Form 89 "Subpoena to Testify at a Hearing or Trial in Criminal Case." (b) Return Date of Subpoena. All subpoenas issued in criminal cases shall be made returnable to the place, date, and time of trial or hearing, unless otherwise ordered by the Court. (c) Waiver of Personal Appearance.

If the subpoena names an official records custodian, the subpoena may advise that the recipient, instead of appearing personally, may elect to produce the items designated directly to the issuing attorney, with an appropriate certification, in advance of the date specified in the subpoena. If the subpoena includes that option, such advance production eliminates the requirement of a personal appearance by the custodian. 4