U.S. v. TIDWELL, 8:13CR106. (2015)
Court: District Court, D. Nebraska
Number: infdco20150209859
Visitors: 13
Filed: Feb. 06, 2015
Latest Update: Feb. 06, 2015
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion for defense litigation costs (Filing No. 322). Tidwell seeks the subpoena of defense witnesses at government's expense. Fed. R. Crim. P. 17(b) provides: (b) Defendant Unable to Pay. Upon a defendant's ex parte application, the court must order that a subpoena be issued for a named witness if the defendant shows an inability to pay the witness's fees and the necessity of the witness's presence for an ade
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the motion for defense litigation costs (Filing No. 322). Tidwell seeks the subpoena of defense witnesses at government's expense. Fed. R. Crim. P. 17(b) provides: (b) Defendant Unable to Pay. Upon a defendant's ex parte application, the court must order that a subpoena be issued for a named witness if the defendant shows an inability to pay the witness's fees and the necessity of the witness's presence for an adeq..
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ORDER
THOMAS D. THALKEN, Magistrate Judge.
This matter is before the court on the motion for defense litigation costs (Filing No. 322). Tidwell seeks the subpoena of defense witnesses at government's expense. Fed. R. Crim. P. 17(b) provides:
(b) Defendant Unable to Pay. Upon a defendant's ex parte application, the court must order that a subpoena be issued for a named witness if the defendant shows an inability to pay the witness's fees and the necessity of the witness's presence for an adequate defense. If the court orders a subpoena to be issued, the process costs and witness fees will be paid in the same manner as those paid for witnesses the government subpoenas. (Emphasis supplied).
Fed. R. Crim. P. 17(d) provides:
(d) Service. A marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a subpoena. The server must deliver a copy of the subpoena to the witness and must tender to the witness one day's witness-attendance fee and the legal mileage allowance. The server need not tender the attendance fee or mileage allowance when the United States, a federal officer, or a federal agency has requested the subpoena. (Emphasis supplied).
Tidwell has filed a Financial Affidavit demonstrating his inability to pay (Filing No. 286-Sealed). Accordingly, Tidwell's counsel may file an ex parte application for the issuance of trial subpoenas for witnesses which will include their name, address and a summary of their expected testimony which establishes the necessity of their testimony for an adequate defense. The application shall be accompanied by a completed subpoena form for each witness which are available from the Clerk on the court's website. The application will be reviewed by the trial judge to determine the necessity of the witness for trial for an adequate defense and the trial judge will direct the Clerk to issue such subpoenas as the trial judge determines are necessary.
Payments to witnesses who testify in this case pursuant to the court's order will be made by the U.S. Marshal following the witness's testimony pursuant to Form OBD-3. A copy of such form is attached to this Order. Counsel for Tidwell shall contact the U.S. Marshal for directions as to completing such form and directing the witness to the U.S. Marshal's office for payment.
IT IS SO ORDERED.
Source: Leagle
