D. Wyo. L.Cr.R. 17.1

(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 comply with L.Cr.R. 47.1 and be

made to the Court. Such motions must be served on the opposing party, except in

extraordinary circumstances where ex parte consideration may be justified. Extraordinary

circumstances justifying ex parte consideration shall be detailed in the motion for the

issuance of a subpoena and must be ruled on by the court.

The motion must include:

(1) A description of the specific material requested;

(2) An explanation of the following—

(i) The likelihood of admissibility of the material requested;

(ii) Why the material is unavailable through other means;

(iii) Why the matter cannot be adequately prepared with the

material; and

(iv) Why the use of a subpoena is not in furtherance of general

discovery;

(3) One of the following representations—

(i) The subpoena does not seek a victim’s personal or

confidential information;

(ii) The movant does not know whether the subpoena seeks a

victim’s personal or confidential information; or

(iii) The subpoena expressly seeks a victim’s personal or

confidential information; and

(4) A copy of the proposed subpoena attached as an exhibit.

(c) Ruling. The Court must make a preliminary determination whether the

material sought is probably relevant and probably admissible. The Court must also

determine if the request is specific enough to be intelligently evaluated and may place

limits on the requested production.

(d) Special procedures for subpoenas seeking victim information. If

the court concludes that a subpoena should issue that expressly seeks a victim’s personal

or confidential information, the following steps shall be taken, absent exceptional

circumstances:

(1) the movant must serve the victim or the victim’s legal

representative, which may include court appointed counsel under 18 U.S.C.

§ 3509, under Fed. R. Crim. P. 49, with a written notice that includes the

following—

(i) a copy of the proposed subpoena;

(ii) a statement that the victim has the right to file a sealed motion

to quash or modify or otherwise object to the subpoena within 14

days after service of the notice;

(iii) a copy of L.Cr.R. 17.1; and

(iv) a copy of Fed. R. Crim. P. 17;

(2) if a motion or objection is filed within 14 days after service, the

subpoena will not issue until further order of the court;

(3) if a motion or objection is not filed within 14 days after service, the

movant must file a sealed ex parte certificate of compliance with L.Cr.R.

17.1 and request that the court grant the motion and direct the Clerk’s Office

to issue the subpoena; and

(4) the Clerk’s Office will issue the subpoena to the movant for service.

(e) Return of Service. 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.

(f) 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 Court 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.