Filed: May 14, 2019
Latest Update: May 14, 2019
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the court on defendant's Unopposed Motion for Issuance of Rule 17 Subpoena Duces Tecum. (#339). The court notes that defendant has consulted with the government and the government does not object to this motion. Further, the court finds that such materials are necessary for the preparation of an adequate defense and that such should be served at government expense inasmuch as defendant is indigent. Having considered defen
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the court on defendant's Unopposed Motion for Issuance of Rule 17 Subpoena Duces Tecum. (#339). The court notes that defendant has consulted with the government and the government does not object to this motion. Further, the court finds that such materials are necessary for the preparation of an adequate defense and that such should be served at government expense inasmuch as defendant is indigent. Having considered defend..
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ORDER
MAX O. COGBURN, JR., District Judge.
THIS MATTER is before the court on defendant's Unopposed Motion for Issuance of Rule 17 Subpoena Duces Tecum. (#339). The court notes that defendant has consulted with the government and the government does not object to this motion. Further, the court finds that such materials are necessary for the preparation of an adequate defense and that such should be served at government expense inasmuch as defendant is indigent. Having considered defendant's motion and reviewed the pleadings, the court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendant's Consent Motion for Issuance of Rule 17 Subpoena Duces Tecum (#339) is GRANTED and such subpoena shall be served by the United States Marshal at government expense upon non-party Mecklenburg County Sheriff Garry L. McFadden, or the records custodian for the Mecklenburg County Jail.
Attachment
1. Donald Dodt, PID # 468275
2. Carlin Woods, PID unknown
3. Elliot Rosenberg, PID #438830
4. Barry Harmelin, PID #457623
5. Kristian Sierp, PID #458263
6. Yampier Duarte Laitano, PID #459764
7. Thomas Sniffen, PID #466032
8. Brigitte Ferrat, PID #463062
9. Gavin Jordan, PID #471416
10. Dino Natasi, PID #469803
11. Stephen Finck, PID #472934
Federal Rule of Criminal Procedure 17 (c), (d), (e), and (g) (Effective 12/1/08)
(c) Producing Documents and Objects.
(1) In General. A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in evidence. When the items arrive, the court may permit the parties and their attorneys to inspect all or part of them.
(2) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive.
(3) Subpoena for Personal or Confidential Information About a Victim. After a complaint, indictment, or information is filed, a subpoena requiring the production of personal or confidential information about a victim may be served on a third party only by court order. Before entering the order and unless there are exceptional circumstances, the court must require giving notice to the victim so that the victim can move to quash or modify the subpoena or otherwise object.
(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.
(e) Place of Service.
(1) In the United States. A subpoena requiring a witness to attend a hearing or trial may be served at any place within the United States.
(2) In a Foreign Country. If the witness is in a foreign country, 28 U.S.C. § 1783 governs the subpoena's service.
(g) Contempt. The court (other than a magistrate judge) may hold in contempt a witness who, without adequate excuse, disobeys a subpoena issued by a federal court in that district. A magistrate judge may hold in contempt a witness who, without adequate excuse, disobeys a subpoena issued by that magistrate judge as provided in 28 U.S.C. § 636(e).
