Federal Rules of Criminal Procedure

Rule 17 — Subpoena

Fed. R. Crim. P. 17
SourceFederal Rules of Criminal Procedure
Rule17
TITLE IVARRAIGNMENT AND PREPARATION FOR TRIAL
CitationFed. R. Crim. P. 17

Fed. R. Crim. P. 17 (Subpoena) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook
Fed. R. Crim. P. 17.

Text

(a)Content. A subpoena must state the court’s name and the title of the proceeding, include the seal of the court, and command the witness to attend and testify at the time and place the sub- poena specifies. The clerk must issue a blank subpoena—signed and sealed—to the party requesting it, and that party must fill in the blanks before the subpoena is served.
(b)Defendant Unable to Pay. Upon a defendant’s ex parte appli- cation, 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.

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Related

§ 1783
28 U.S.C. § 1783
§ 636
28 U.S.C. § 636

Advisory Committee Notes

(As amended Dec. 27, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1974, eff. Dec. 1, 1975; Rule 17.1 FEDERAL RULES OF CRIMINAL PROCEDURE 34 Pub. L. 94–64, §3(29), July 31, 1975, 89 Stat. 375, eff. Dec. 1, 1975; Apr. 30, 1979, eff. Dec. 1, 1980; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 23, 2008, eff. Dec. 1, 2008.)