Comments on Proposed Amendments to Federal Rule of Criminal Procedure Rule 17 (Apr 2025)

NACDL submitted a comprehensive letter regarding Rule 17 that was received by the Committee last Fall. ... For the reasons we provided in that letter, NACDL maintains that defense counsel should generally be permitted to issue subpoenas duces tecum without leave of the court and ex parte. A Rule requiring a motion and order for most subpoenas would present a heavy and unnecessary burden for both the defense and the courts that would consider such motions.

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Read NACDL's previous comments submitted in February 2024

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