SUBPOENAS FOR PRODUCTION OF BOOKS, DOCUMENTS, OR

OBJECTS.

(a) General. No subpoena in a criminal case may require the production of books, documents or objects at a date, time or place other than the date, time and place of the trial, hearing or proceeding at which the items are to be offered in evidence, unless the Court has entered an order under Federal Rule of Criminal Procedure 17(c) authorizing the issuance of the subpoena. (b) Motions for Pre-Proceeding Document Production. Motions for the issuance of a subpoena to produce documents before a trial or evidentiary proceeding under Federal Rule of Criminal Procedure 17(c) must comply with L.Cr.R. 47.1 and be made to the Court.

Such motions must be served on the opposing party, except in extraordinary circumstances where ex parte consideration may be justified. Extraordinary circumstances justifying ex parte consideration shall be detailed in the motion for the issuance of a subpoena and must be ruled on by the court. The motion must include: (1) A description of the specific material requested; (2) An explanation of the following— The likelihood of admissibility of the material requested; (i) (ii) Why the material is unavailable through other means; (iii) Why the matter cannot be adequately prepared with the material; and (iv) Why the use of a subpoena is not in furtherance of general discovery; (3) One of the following representations— (i) (ii) (iii) The subpoena does not seek a victim’s personal or confidential information; The movant does not know whether the subpoena seeks a victim’s personal or confidential information; or The subpoena expressly seeks a victim’s personal or confidential information; and (4) A copy of the proposed subpoena attached as an exhibit. (c) Ruling.

The Court must make a preliminary determination whether the material sought is probably relevant and probably admissible. The Court must also determine if the request is specific enough to be intelligently evaluated and may place limits on the requested production. Rule 17.1 7 March 2026 (d) Special procedures for subpoenas seeking victim information. If the court concludes that a subpoena should issue that expressly seeks a victim’s personal or confidential information, the following steps shall be taken, absent exceptional circumstances: the movant must serve the victim or the victim’s legal (1) representative, which may include court appointed counsel under 18 U.S.C. § 3509, under Fed. R. Crim. P. 49, with a written notice that includes the following— (i) a copy of the proposed subpoena; a statement that the victim has the right to file a sealed motion (ii) to quash or modify or otherwise object to the subpoena within 14 days after service of the notice; (iii) a copy of L.Cr.R. 17.1; and (iv) a copy of Fed. R. Crim. P. 17; if a motion or objection is filed within 14 days after service, the (2) subpoena will not issue until further order of the court; if a motion or objection is not filed within 14 days after service, the (3) movant must file a sealed ex parte certificate of compliance with L.Cr.R. 17.1 and request that the court grant the motion and direct the Clerk’s Office to issue the subpoena; and (4) the Clerk’s Office will issue the subpoena to the movant for service.

(e) Return of Service. All Rule 17(c) subpoenas seeking or allowing advance production must be returnable to the Court and the items sought therein must be delivered to the court at the place, date and time indicated. When appropriate, the subpoena may advise that no appearance is necessary if the items are produced, in advance of the date specified, to the court in an envelope delivered to the Clerk’s Office. The court will then determine what material will be appropriately distributed to the parties.

(f) Motion for Protective Order. Any party, the witness or entity responding to the subpoena, or any person or entity whose interests may be affected by disclosure of the subpoenaed documents, may file a motion for a protective order. The Court reviews the documents produced and issues any appropriate protective order. The clerk then keeps the items produced and makes them available for inspection under the terms of the protective order.

Rule 17.1 8 March 2026 VI TRIAL