E.D. Wash. LCrR 17

(a) [Reserved]

(b) Defendant Unable to Pay

An indigent defendant may apply ex parte for issuance and service of subpoenas upon showing the

necessity of the witness’s presence for an adequate defense.

(c) Producing Documents and Objects

(1) 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 Fed. R. Crim. P. 17(c). This Rule requires

notice to the opposing party of a subpoena seeking advance production of books, papers, documents

or other objects. Since Fed. R. Crim. P. 17 is not a discovery device, only exceptional circumstances

would warrant filing an ex parte motion for a subpoena.

All Rule 17(c) subpoenas seeking or allowing advance production must be returnable to the court and

the items sought therein must be delivered to the court at the place, date and time indicated. When

appropriate, the subpoena may advise that no appearance is necessary if the items are produced, in

advance of the date specified, to the court in an envelope delivered to the Clerk’s Office. The court

will then determine what material will be appropriately distributed to the parties.

(2) [Reserved]

(3) Except for grand jury subpoenas, no Rule 17(c) subpoena may be served on a third party seeking the

production of personal or confidential information about a victim without notice to the victim and the

opposing party and an opportunity to hear any motion to quash or modify or other objections prior to

the court issuing an order allowing service of such subpoena. Only exceptional circumstances would

warrant the court to dispense with such notice.

(d) through (h) [Reserved]