Local Criminal Rule 17.1 — Subpoenas (amended January 1, 2022)
A published court requirement that applies in New York. Category: Local Rules. Effective January 1, 2026. Verified against the official source (N.D.N.Y. — Local Rules (U.S. District Court, Northern District of New York)) on November 3, 2026.
Summary
Local Criminal Rule 17.1 — Subpoenas (amended January 1, 2022): the court's own rule, verbatim from the Local Rules of Practice, United States District Court for the Northern District of New York, effective January 1, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every case before the U.S. District Court for the Northern District of New York as its section states (Section XI, Criminal Procedure), alongside the federal rules and any judge-specific procedures.
Requirement
(a) Production Before Trial. Except on order of a judge, no subpoena for production of documents or objects shall be issued if the subpoena requests production before trial. See Fed. R. Crim. P. 17(c). (b) Depositions. Except on order of a judge, no subpoena for a deposition shall be sought or issued. See Fed. R. Crim. P. 15; 17(f). (c) Subpoenas Requested by Attorneys Appointed Under the Criminal Justice Act. 1. The Clerk shall issue subpoenas, signed but otherwise in blank, to an attorney appointed under the Criminal Justice Act. No subpoena so issued shall be served outside the boundaries of this District. 2. If an attorney needs to subpoena a witness outside the boundaries of this District, the attorney shall make an ex parte application for issuance of a subpoena shall be made to the appropriate court. 3. The defense attorney shall request that the United States Marshal serve the subpoenas under this Rule. The defense attorney shall obtain an order from the Court directing the Marshal to serve subpoenas. The Marshal shall serve the subpoenas in the same manner as in other cases, except that the name and address of the person served shall not be disclosed without prior authorization of the defense attorney. No fee shall be allowed for private service of any subpoena issued under this Rule unless the attorney obtains express advance authorization by written order of the Court. 4. As authorized by Fed. R. Crim. P. 17(b), the Court orders that the costs for service of process and payment of witness fees for each witness subpoenaed under this Rule shall be paid in the same manner in which similar costs and fees are paid in the case of a witness subpoenaed on behalf of the government. See also 28 U.S.C. §1825. (d) Grand Jury Subpoenas: The Clerk may issue to the U.S. Attorney a blank Grand Jury Subpoena, signed and sealed for use in their Grand Jury Tracking System (“GJTS”). Use of the blank, signed and sealed subpoena form shall be limited to the issuance of Grand Jury Subpoenas only by the U.S. Attorney. 17.1.1 Pretrial Conferences (amended January 1, 2022) At the request of any party or upon the Court's own motion, the assigned judge may hold one or more pretrial conferences in any criminal action or proceeding. The agenda at the pretrial conference shall consist of any of the following items, so far as applicable, and such other matters that the judge designates as may tend to promote the fair and expeditious trial of the action or proceeding: (a) Production of witness statements under the Jenks Act, 18 U.S.C. § 3500 or Fed. R. Crim. P. 26.2; (b) Production of grand jury testimony of witnesses that the parties intend to call at trial; (c) Production of exculpatory or other evidence favorable to the defendant on the issue of guilt or punishment; (d) Stipulation of facts which may be deemed proved at the trial without further proof by either party and limitation of witnesses; (e) Court appointment of interpreters under Fed. R. Crim. P. 28; see also 28 U.S.C. §1827(c)(2), except that the United States attorney is responsible for securing the services of such interpreters for governmental witnesses; (f) Dismissal of certain counts and elimination from the case of certain issues; e.g., insanity, alibi, and statute of limitations; (g) Severance of trial as to any co-defendant or joinder of any related case; (h) Identification of informers, use of lineup or other identification evidence, use of evidence of prior convictions of defendant or any witness, etc.; (i) Pretrial exchange of lists of witnesses whom the parties intend to call in person or by deposition to testify at trial, except those whom they may call only for impeachment or rebuttal; (j) Pretrial exchange of documents, exhibits, summaries, schedules, models, or diagrams that the parties intend to offer or use at trial; (k) Pretrial resolution of objections to exhibits or testimony that the parties intend to offer at trial; (l) Preparation of trial briefs on controversial points of law likely to arise at trial; (m) Scheduling of the trial and of witnesses; (n) Settlement of jury instructions, voir dire questions, and challenges to the jury; and (o) Any other matter which may tend to promote a fair and expeditious trial 18.1 THROUGH 19.1 [Reserved]
Source of truth
(a) Production Before Trial. Except on order of a judge, no subpoena for production of documents or objects shall be issued if the subpoena requests production before trial. See Fed. R. Crim. P. 17(c). (b) Depositions. Except on order of a judge, no subpoena for a deposition s
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 1, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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