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D. Mass. L.R. 117.2

Subpoenas in Criminal Cases Involving Court-Appointed Counsel

activein force · 2012-02-01 – presentact-effective-date

(a) Issuance of Subpoenas. In any criminal matter in which the defendant is represented by

the Federal Public Defender or other court-appointed counsel, upon request of such

counsel the clerk shall issue a subpoena for hearing or trial in blank, signed and sealed, to

counsel without the necessity for an individual court order.

(b) Service of Subpoenas. Upon presentation of such a subpoena, the United States Marshal

shall serve it in the same manner as in other criminal cases pursuant to Fed. R. Crim. P.

17(b).

(c) Process Costs and Witness Fees. Subpoenas issued under subsection (a) of this Rule

are issued upon approval of the court. The United States Marshal shall pay the process

costs and fees of any witness subpoenaed pursuant to this rule as provided in Fed. R.

Crim. P. 17(b) and 28 U.S.C. § 1825.

(d) Subpoenas in Certain Hearings. A subpoena may not be issued under this rule to

compel the attendance of a witness in

(1) a preliminary hearing pursuant to Fed. R. Crim. P. 5.1 or Rule 32.1(b)(1);

(2) a detention hearing held pursuant to 18 U.S.C. § 3142(f); or

(3) a hearing concerning the revocation of release as provided in 18 U.S.C. § 3148,

without first seeking leave from the presiding judicial officer.

History

Adopted January 3, 2012; effective February 1, 2012.

Provenance

Source
www.mad.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
d58f8e05bb5275fe37dd61c6a4256051475226a7861255c7ae35911fc812b948
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D. Mass. L.R. 117.2 — Subpoenas in Criminal Cases Inv… · binding.law