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Introduction

Panel Attorney Guide How to Request Subpoenas and Expenses for Witnesses at Trial and other Hearings. Introduction . Witnesses testifying for indigent defendant - at trial or other hearings – how are you going to get them served with subpoenas and have their witness expenses and fees paid?

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Introduction

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  1. Panel Attorney Guide How to Request Subpoenas and Expenses for Witnesses at Trial and other Hearings

  2. Introduction • Witnesses testifying for indigent defendant - at trial or other hearings – how are you going to get them served with subpoenas and have their witness expenses and fees paid? • This discussion is directed to panel attorneys who require witnesses to testify in court

  3. Why • Rule 17(b) • Local Rule 17.1 • Why Under Seal?

  4. Rule 17(b) “Defendant unable to pay. Upon a defendant’s ex parte application, the court must order that a subpoena be issued for a named witness if the defendant shows an inability to pay the witness’s fees and the necessity of the witness’s presence for an adequate defense. If the court orders a subpoena to be issued, the process costs and witness fees will be paid in the same manner as those paid for witnesses the government subpoenas.”

  5. Local Rule 17.1 TIME OF ISSUANCE OF SUBPOENAS IN CRIMINAL CASES Subpoenas for witnesses in criminal cases shall be delivered to the Marshal or other person qualified to make service at least seven (7) days prior to the Monday of the week in which the case is set for trial. The failure of the Marshal or other qualified person to serve a subpoena not delivered within this time period shall not constitute sufficient cause for a continuance

  6. How • File an Ex Parte Motion • Determine if you want it under seal – if so, • File the motion under seal • Prepare subpoenas and attach as exhibits to the motion for issuance of trial subpoenas

  7. Ex Parte Motion to Issue Subpoenas for Trial

  8. Proposed Order for Issuance of Trial Subpoenas

  9. Sample Subpoena – Exhibit 1

  10. SEALED Ex ParteMotion to Issue Subpoenas

  11. Proposed Order for SealedEx Parte Motion

  12. Motion to Seal

  13. Proposed Order to Seal

  14. Local Rule 55.2 (e) Form – Sealed Documents (e) Form. All under seal or potentially under seal documents shall be delivered to the Clerk's Office enclosed in a red envelope, marked with the case caption, case number, and a descriptive title of the document, unless such information is to be, or has been, among the information ordered sealed. Additionally, the following information will be prominently displayed: SEALED PURSUANT TO ORDER ENTERED ON / /200_ OR PROPOSED SEALED MATERIAL: SUBMITTED PURSUANT TO MOTION TO SEAL FILED ON / /200_

  15. Summary – What to File • An Ex Parte Motion for Issuance of Subpoenas • Under Seal • Subpoenas are attached as exhibits

  16. Summary – When to file • Filed Manually at least 2 weeks before trial • The US Marshal needs to have these to serve at least 7 days prior to the Monday of the Court’s term

  17. What happens to your subpoenas after you file? • The Court issues the Order for your Subpoenas • The Deputy Clerk hand delivers the subpoenas to the US Marshal for service • The US Marshal serves your subpoenas

  18. After your witness testifies • The deputy clerk of court certifies the fact witness voucher, and submits it to the US Marshal for payment

  19. What are the rules for witness reimbursement? • Refer to the fact witness guide for panel attorneys

  20. Where to Get More Info • Federal Defender’s Website: • http://nce.fd.org • Patricia Rollins, Paralegal, EDNC • Patricia_Rollins@fd.org or 919 856-4236 • Janet Callahan, Deputy Clerk of Court • 919 645-1726

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