M.R.U. Crim. P. 17A

(a) Subpoena to Produce Documentary Evidence or Tangible

Objects. A party may serve a subpoena on a nonparty commanding the

nonparty to produce documentary evidence or tangible objects at the time and

place specified therein. The time specified shall be not less than 14 days, unless

a shorter time is ordered by the court. The place specified shall not impose an

undue burden or expense upon the nonparty. Documentary evidence

includes, but is not limited to, electronically stored information, books, papers,

photographs, and videos. A subpoena may be issued by the clerk under the

seal of the court or by a member of the Maine Bar. A member of the Maine Bar

has the option in each case of either signing and issuing the subpoena as an

officer of the court or instead having the clerk of any Unified Criminal Docket

do so. In the latter circumstance, upon the request of the bar member, the

clerk shall provide a subpoena, signed and sealed but otherwise in blank. The

bar member shall fill in the blanks before it is served. An unrepresented

defendant may be provided a subpoena completed by the clerk. A member of

the Maine Bar may be provided a subpoena in blank. The text of subdivisions

(d), (e) and (f) of this Rule shall be contained in, or appended to, the subpoena.

(b) Service. A subpoena may be served by the sheriff, by the sheriff’s

deputy, by a constable, or by any other person who is not a party and who is not

less than 18 years of age. Service of a subpoena shall be made by delivering a

copy thereof to the person named. A defendant determined indigent by the

court pursuant to Rule 44(b) is entitled to service within the state without

payment of the cost. Such cost shall be paid by the Maine Commission on

Indigent Legal Services. A request to the sheriff for service shall be

accompanied by a certificate of counsel that the defendant has been determined

indigent.

(c) Notice to Adverse Party. Unless otherwise provided by statute

notice of the service of the subpoena and a copy thereof shall be provided to

opposing counsel or, when applicable, an unrepresented defendant

contemporaneously with service.

(d) Motion to Quash or Modify Subpoena. A party or the subpoenaed

nonparty or a person whose rights are potentially affected by the subpoena

may move to quash or modify the subpoena.

The court may quash or modify the subpoena if compliance would be

unreasonable, oppressive, or in violation of constitutional rights.

(e) Sanction for Noncompliance. If the subpoenaed nonparty fails to

obey the subpoena, the court shall order an appropriate sanction, which may

include a warrant or order of arrest.

(f) Privileged or Protected Documentary Evidence. If a party or the

party’s attorney knows that a subpoena seeks the production of documentary

evidence that may be protected from disclosure by a privilege, confidentiality

protection, or privacy protection under federal law, Maine law (for example,

requests for Department of Health and Human Services records pursuant to 22

M.R.S. § 4008(3)(B), so-called “Clifford Orders”), or the Maine Rules of Evidence,

the party or its attorney shall file a motion in limine, pursuant to Rule 12, before

serving the subpoena. The motion shall contain a statement setting forth (1) the

particular documents sought by the subpoena with a reasonable degree of

specificity of the information contained therein; (2) the efforts made by the

moving party in procuring the information contained in the requested

documents by other means; (3) that the moving party cannot properly prepare

for trial without such production of the documents; and (4) that the requested

information is likely to be admissible at trial. The motion in limine shall be

accompanied by a copy of the yet unserved subpoena.

Upon receipt of the motion, the court shall make a preliminary

determination that the moving party has sufficiently set forth the relevancy,

admissibility, and specificity of the requested documents. If the motion fails

to meet the minimum threshold of information required, the court may

summarily deny the motion. If the motion satisfies the minimal threshold of

information required, the court shall direct the clerk to set the matter for

hearing and issue a notice of hearing. The notice shall state the date and time

of the hearing and direct the subpoenaed individual or entity from whom the

documentary evidence is sought to submit the documentary evidence subject

to the subpoena for in camera review by the court or to adequately explain in

writing any reasons for a failure to submit the documentary evidence for in

camera review. Following the clerk’s issuance of a notice, the party seeking

production shall serve the subpoena, the motion, and the notice on the

subpoenaed individual or entity from whom the documentary evidence is

sought in accordance with subdivision (b).

Upon receipt of the subpoena, the motion and the notice, the subpoenaed

individual or entity to whom the subpoena is directed shall either submit the

documentary evidence subject to the subpoena for in camera review by the

court or provide in writing reasons for the failure to submit the documentary

evidence for in camera review before the date of the hearing. After the

hearing, the court may issue any order necessary to protect any party’s or

nonparty’s privileges, confidentiality protections, or privacy protections under

federal law, Maine law, or the Maine Rules of Evidence. A party or nonparty

that may assert a privilege, confidentiality protection, or privacy protection

may waive the right to a hearing and any applicable privileges or protections

by notifying the court in writing that the party or nonparty is waiving any

applicable privileges or protections.

(g) Grand Jury Proceedings. This Rule does not apply to a grand jury

proceeding except as to the form, issuance, and service of a grand jury

subpoena; sanction for noncompliance; and the rights of a subpoenaed

nonparty.