N.D. Cal. Crim. L.R. 17-2

(a) Order Required. No subpoena in a criminal case may require the production of books,

papers, documents or other objects in advance of the trial, hearing or proceeding at

which these items are to be offered in evidence, unless the Court has entered an order

pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure.

(1) An order permitting issuance of a Rule 17(c) subpoena may be obtained by filing

either a noticed motion pursuant to Crim. L.R. 47-2 or, for good cause, an ex

parte motion without advance notice to the opposing party. An ex parte motion

and order thereon may be filed under seal for good cause. A party requesting a

subpoena must support its request by a declaration specifying the facts

supporting the issuance of the subpoena along with a proposed order.

(2) The Court will determine whether the material sought should be produced. In

issuing an order granting the motion, the Court may place limits on the scope of

the requested production.

(b) Return of Subpoena. Any Rule 17(c) subpoena must be returnable to the Court and

the items sought therein must be delivered to the Court at the place, date and time

indicated. The subpoena may advise, however, that no appearance is necessary if the

items are produced in advance of the date specified, either to the Court, in an envelope

delivered to the Clerk’s Office, or directly to the issuing attorney whose name and

address appears at the bottom of the subpoena.

(c) Protection for the Recipient. Any Rule 17(c) subpoena must advise the subpoenaed

party that if compliance would be unreasonable or oppressive, it may file a motion to

quash or modify the subpoena, for an in camera review of the documents, or for an

order to permit production only pursuant to a protective order. Motions filed under this

subsection must comply with Crim. L.R. 47-2.

(d) Time for Production. No Rule 17(c) subpoena may require the production of

documents or objects in fewer than 14 days from the date the subpoena is served,

absent good cause, which must be demonstrated in the motion seeking the order for

issuance of the subpoena. If the items sought are voluminous, more than 14 days should

be permitted to avoid unnecessary motions to quash or modify.

(e) Production of Personnel or Complaint Records from Law Enforcement Agency. In

addition to complying with the preceding subsections, if the Rule 17(c) subpoena is

directed to a law enforcement agency and seeks the production of personnel or

complaint records, the party requesting the subpoena must provide notice of the

subpoena to the opposing party in the manner described in subsection (1) below.

(1) A party serving a Rule 17(c) subpoena on a law enforcement agency seeking the

production, in advance of trial or hearing, of personnel or complaint records of an

officer currently or formerly employed by that agency must serve the opposing

party with a copy of the subpoena on the same date that the subpoena is served

on the agency.

(2) The term “law enforcement agency” means all police or sheriff’s departments,

including citizen review boards, and including, but not limited to, state or local

transit, public housing or park agencies; agencies with the authority to investigate

violations of state, county or municipal law; prison, jail or corrections agencies;

and parole and probation agencies.

(f) Forms. A party seeking to compel only the production of books, papers, documents or

other objects pursuant to Rule 17(c), in advance of the trial, hearing or proceeding at

which these items are to be offered in evidence, must utilize form CAND 89B,

“Subpoena to Produce Documents or Objects in a Criminal Case.” A party seeking to

compel production of personnel or complaint records from state law enforcement

pursuant to (e) of this local rule must utilize CAND 89C, “Subpoena to Produce State

Law Enforcement Personnel or Complaint Records.” Forms are available at the Court’s

website: cand.uscourts.gov.