Public Defender's Handbook -Subpoenas

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Public Defender's Handbook

Subpoenas

Notice to Fact Witnesses (OBD-2)

Travel, Lodging, Meals and Incidental Expenses

Travel by Privately Owned Vehicle (POV)

Appearance

Fact Witness Voucher

Presiding Officer of the Court

Special Situations

Non-Custodial Transportation of Defendants

Appendix 1, Instructions for Fact Witnesses, Appearing on Behalf of the United States Government, Form OBD-2

Appendix 2, Fact Witness Voucher, Form OBD-3

Appendix 3, Travel Voucher, Form SF- 1012

Appendix 4, Request for Armed Forces or Government-Employee Witness, Form OBD-16

Appendix 5, Witness Certificate for Advance, Form USM-24

Subpoenas

The United States Marshal (USM) serves subpoenas for the government and for defendants of Public Defender or CJA court-appointed attorney, if so ordered by the Court. CJA (specifically FEW) funds are not available to pay for private process servers and attorneys should not hire a process server to serve these subpoenas. (Refer to Federal Rule of Criminal Procedure 17(b).)

Before subpoenas can be served at government expense, it is necessary for a CJA attorney to provide:

a certified court order (in compliance with the terms of Federal Rules of Criminal Procedure 17 (b)) listing the names of the witnesses to be subpoenaed and their addresses. The Order should be accompanied by the completed subpoenas ready for issuance by the court.

The Court will return a confirmed copy of the certified order signed by the Judge authorizing issuance and service of the subpoena, and payment of the costs and fees by the government. A copy of the certified order allowing for witnesses to testify at government expense will be sent by the court to the U.S. Marshal’s office and the subpoena will then be served.

The U.S. Marshal’s office should have at least 10 working days for service.