D. Neb. NECrimR 17.2

(a) General.

No subpoena in a criminal case may require the production of books,

documents or objects at a date, time or place other than the date, time, and

place of the trial, hearing, or proceeding at which the items are to be offered

in evidence, unless the court has entered an order under Federal Rule of

Criminal Procedure 17(c) authorizing the issuance of the subpoena.

(b) Motions for Pre-Proceeding Document Production.

Motions for the issuance of a subpoena to produce documents before a trial

or evidentiary proceeding under Federal Rule of Criminal Procedure 17(c)

must be made to the assigned magistrate judge when the motion is filed.

(1) Content; Supporting Brief; Affidavit.

Except in an extraordinary case where ex parte consideration may

be justified, the motion for issuance of the subpoena must be served

on the opposing attorney. The requirements of Nebraska Criminal

Rule 12.3(b)(3) apply. Also, motions for subpoenas duces tecum

under this subsection must be supported by an affidavit or

declaration, see 28 U.S.C. § 1746, establishing the following:

(A) the documents or objects sought cannot otherwise be

reasonably obtained by due diligence in advance of the trial

or evidentiary proceeding;

(B) the moving party cannot properly prepare for the trial or

evidentiary proceeding without advance production and

inspection;

(C) the failure to obtain advance production and inspection of the

documents or objects may unreasonably delay the

proceeding; and

(D) the application is made in good faith and is not intended for

the purpose of general discovery.

(2) Ruling.

The magistrate judge makes a preliminary determination whether the

material sought is probably relevant and probably admissible. The

magistrate judge also determines if the request is specific enough to

be intelligently evaluated and may place limits on the requested

production.

(3) Return of Service.

(A) Return; Inventory.

A subpoena duces tecum issued under this rule must be (i)

returned to the magistrate judge who authorized the

subpoena and (ii) accompanied by an inventory that lists all

items produced. The return and the inventory are filed with the

clerk.

(B) Possession of Produced Documents or Items.

Absent a motion for protective order filed under Nebraska

Criminal Rule 17.2(b)(3)(C), the items produced must be (i)

provided to and kept in the possession of the attorney who

sought the subpoena or (ii) in the case of a pro se defendant,

filed with the clerk.

(C) Motion for Protective Order.

Any party, the witness or entity responding to the subpoena,

or any person or entity whose interests may be affected by

disclosure of the subpoenaed documents, may file a motion

for a protective order. The magistrate judge reviews the

documents produced and issues any appropriate protective

order. The clerk then keeps the items produced and makes

them available for inspection under the terms of the protective

order.