Investor Presentaiton
Effective December 1, 2021
(e)
Nebraska Criminal Rules
federal public defender assigned to the case, whose signature is maintained
on record by the marshal.
Issuance of Electronic Subpoenas and Writs Authorized.
The clerk is authorized to sign, seal, and issue subpoenas and writs
electronically. Such electronically issued subpoenas and writs may not,
however, be served electronically.
17.2 Subpoenas for Production of Books, Documents, or Objects.
(a)
(b)
General.
No subpoena in a criminal case may require the production of books,
documents or objects at a date, time or place other than the date, time, and
place of the trial, hearing, or proceeding at which the items are to be offered
in evidence, unless the court has entered an order under Federal Rule of
Criminal Procedure 17(c) authorizing the issuance of the subpoena.
Motions for Pre-Proceeding Document Production.
Motions for the issuance of a subpoena to produce documents before a trial
or evidentiary proceeding under Federal Rule of Criminal Procedure 17(c)
must be made to the assigned magistrate judge when the motion is filed.
(1)
Content; Supporting Brief; Affidavit.
Except in an extraordinary case where ex parte consideration may
be justified, the motion for issuance of the subpoena must be served
on the opposing attorney. The requirements of Nebraska Criminal
Rule 12.3(b)(3) apply. Also, motions for subpoenas duces tecum
under this subsection must be supported by an affidavit or
declaration, see 28 U.S.C. § 1746, establishing the following:
(A) the documents or objects sought cannot otherwise be
reasonably obtained by due diligence in advance of the trial
or evidentiary proceeding;
(B)
(C)
the moving party cannot properly prepare for the trial or
evidentiary proceeding without advance production and
inspection;
the failure to obtain advance production and inspection of the
documents or objects may unreasonably delay the
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