Rule 11. Subpoena
(a) Form and issuance. A subpoena shall be issued by the judge or clerk
or deputy clerk under the seal of the court. It shall state the name of the
court and the title, if any, of the proceeding, and if the witness is to
testify on behalf of the Government, it shall so note, and shall command each
person to whom it is directed to attend and give testimony at the time and
place specified therein. The clerk shall issue a subpoena, signed and sealed,
to a party requesting it, who shall fill in the blanks before it is served.
(b) Indigent defendants. A judge may order, at any time, that a subpoena
be issued on motion or request of an indigent defendant in a criminal case.
(c) For production of documentary evidence and of objects. A subpoena may
also command the person, to whom it is directed, to produce books, papers,
documents, or other objects designated therein. The judge, on motion made
promptly, may quash or modify the subpoena if compliance would be unreasonable
or oppressive. The judge may direct that books, papers, documents, or other
objects designated in the subpoena be produced before the court at a time prior
to the trial or prior to the time when they are to be offered in evidence, and
may upon their production permit the books, papers, documents, or other objects
or portions thereof, to be inspected and copied by the parties and their
attorneys, or by a probation officer.
(d) Service. A subpoena may be served by any person who is not a party
and who is not less than 18 years of age. Service of a subpoena may be made by
delivering a copy thereof to the person named. A subpoena requiring the
attendance of a witness at a hearing or trial may be served at any place within
(e) Contempt. Failure by any person without adequate excuse to obey a
subpoena served upon him may be deemed a contempt of the court from which the
(f) Traffic cases. The clerk shall also issue subpoenas, signed and
sealed, to law enforcement officers, who shall fill in the blanks before they
are served upon witnesses for the Government and for the defense in traffic
cases at the same time traffic tickets are served.--Amended May 28, 1957; May
27, 1965; Mar. 8, 1966.
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