SUBPOENAS

(a) Subpoena Duces Tecum (1) Subpoenas for the Production Before Trial. (A) A subpoena duces tecum for the production, before trial, of documents, objects or other materials described in Fed. R. Crim. P. 17(c)(1) may be issued only upon the granting of a motion made in accordance with LR Cr 47. Any such motion shall be served on all other parties, unless the Court, for good cause shown, permits the subpoena to be issued ex parte. (B) “Good cause” for the issuance of an ex parte subpoena duces tecum shall require, among other things, a showing that the documents sought are relevant to the proceeding in question and that disclosure of the subpoena (or of the documents sought) could unfairly harm the party’s case.

(C) Any such subpoena, whether issued ex parte or upon notice, shall be returnable to the Court. All other parties shall be entitled to inspect any item(s) produced unless otherwise ordered by the Court for 7 days after production. During the 7-day period, the documents are held in temporary custody by the Clerk, and shall not be placed in the public case file. After the 7-day period expires, the party requesting the production of the documents, objects, or other materials shall retrieve the produced items from the Court.

(2) Subpoenas for the Production At Trial or Hearing. All subpoenas for the production of documents, objects, and other material described in Fed. R. Crim. P. 17(c)(1) at trial or at an evidentiary hearing shall be made returnable to the Court at the place, date, and time of such trial or hearing, unless otherwise ordered by the Court. (b) Subpoena Ad Testificandum. Except as provided in Fed. R. Cr.

P. 17(f) (subpoenas for depositions) or as otherwise ordered by the Court, a subpoena for the attendance of witnesses may be issued only to require the appearance of a witness at trial or at an evidentiary hearing, and such subpoena shall be returnable to the Court at the time and place of such trial or hearing. Effective 12/15/14: §(a)(1)(C) merged into §(a)(1)(D); and §(a)(1)(D) amended and redesignated as §(a)(1)(C). CROSS-REFERENCES See LR Gen 102(a)(4) (regarding the filing of ex parte motions). See also Fed. R. Crim. P. 17(f) (subpoenas for depositions).

117 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS LR Cr 17.1 PRETRIAL CONFERENCE Lead counsel and local counsel, if any, shall attend all pretrial conferences, unless the Court otherwise permits for good cause shown. CROSS-REFERENCES See LR Gen 206(d) (designation of lead counsel), LR Cr 12 (Pretrial Motions) and LR Cr 47 (Motions and Other Papers). See also LR Cv 16(c) (attendance of counsel at scheduling conference in civil cases). 118 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS LR Cr 23 OPENING STATEMENTS; USE OF RECORDED TESTIMONY; TIME LIMITS (a) Opening Statements.

An opening statement shall not be argumentative and shall not exceed 30 minutes unless otherwise permitted by the Court. Counsel for the defendant may make an opening statement either after the opening statement of the government, or after the government has rested. Counsel for a defendant may not make an opening statement after the government has rested unless evidence will be presented on behalf of that defendant. (b) Recorded Conversations or Testimony.

(1) At least 14 days prior to empanelment, counsel for any party that proposes to offer a recorded conversation or any portion thereof as evidence shall furnish the Court and counsel with: (A) a chronologically arranged list showing the date of, participants in, and approximate playing time of each such recording; and (B) a transcript of each such conversation. (2) Before offering any recorded conversation, counsel shall edit out footage that contains no audible discussion or contains irrelevant material so that the jury will not be required to listen for protracted periods of time to portions of recordings that provide little or no assistance in determining the pertinent facts. In order to achieve that objective, counsel shall meet and confer, in advance, in an effort to resolve any disputes with respect to editing. (3) Within 7 days after such transcripts have been furnished or such other period of time as the Court may allow, counsel for any party disputing the audibility, completeness, or admissibility of any such recording or the accuracy of such transcript shall file an objection identifying the recording and/or transcript or the particular portion to which objection is being made as well as the nature of and grounds for the objection.

In the case of an objection that any portion of a recorded conversation has been omitted, the party making such objection shall set forth the omitted portion(s) of the recording(s) together with a statement explaining why the omitted portion(s) should be included. (4) (5) (6) Any objections to the accuracy or completeness of transcripts shall be accompanied by copies of the transcripts objected to on which proposed deletions and corrections are noted. Any dispute regarding editing and/or the accuracy of transcripts shall be called to the Court’s attention promptly. Failure to comply with the provisions of this subsection (b) may be considered by the Court as a waiver by the proponent of the right to offer the recorded conversation(s) 119 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS at issue; or, alternatively, as a waiver of the right to object to admission of the recorded conversation(s) and/or to dispute the accuracy or completeness of the transcript, as the case may be.

(c) Time Limits. (1) (2) The Court, in its discretion, may limit the time for any trial, hearing, or other proceeding, for any argument, or for the examination of any witness or completing the examination of any witness in such manner and upon such terms as may be just under the circumstances and with due regard for the defendant’s constitutional right to a fair trial. Upon request by a party, the Court, in its discretion, may extend any time limits established pursuant to subsection (c)(1) of this Rule. In determining whether to extend such time limits, the Court may consider: (A) whether the party has adequately explained the purposes for which the additional time would be used and why the additional evidence or argument to be presented is essential to fairly decide the matter; (B) whether the party has effectively and efficiently made full use of the time allocated to that party; and (C) any other matters that may be relevant.

Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 12/1/09: §(b)(1) amended. CROSS-REFERENCES See LR Cv 39 (Opening Statements; Use of Recorded Testimony; Time Limits in civil cases). 120 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS