Investor Presentaiton
Effective December 1, 2021
Nebraska Criminal Rules
Upon providing the required discovery, the defendant must file and
serve a notice of compliance.
16.2 Motion for Extending or Shortening Discovery Time.
An affidavit or other statement explaining the reasons for the request must
accompany a motion to continue a discovery deadline. The court only extends a
motion to continue a discovery deadline in unusual cases and upon a showing of
good cause, which must include facts showing that the moving party diligently
pursued discovery during the originally specified period.
17.1 Subpoenas and Writs.
(a)
(b)
(c)
(d)
Subpoenas; Service by Marshal.
The serving party is responsible for providing the marshal with an original
and 2 copies of each subpoena to be served by the marshal. The serving
party must deliver to the marshal a subpoena for a hearing or trial to be
served by the marshal (1) within this district at least 14 days and (2) outside
this district at least 21 days before the hearing or trial at which the witness
is to testify. Service of a subpoena delivered to the marshal after these
deadlines is not guaranteed. Without a court order under Nebraska Criminal
Rule 17.1(c), the marshal serves a tardy subpoena only if the marshal can
conveniently do so.
Delivery of Writ to Obtain Incarcerated Person's Presence.
The serving party must deliver to the marshal a writ of habeas corpus ad
testificandum to be served (1) within the district at least 14 days and (2)
outside the district at least 30 days, before the hearing or trial at which the
witness is to testify. If the government has made prior arrangements for
obtaining a defendant's presence, it may deliver a writ of habeas corpus ad
prosequendum to the marshal at any time before the hearing at which the
defendant is to appear.
Exception to Delivery Deadlines.
The time periods and deadlines in Nebraska Criminal Rule 17.1(a) and (b)
may be shortened by court order upon motion and for good cause shown.
Service at Federal Public Defender's Request.
The marshal serves subpoenas and makes fact witness payments for the
Office of the Federal Public Defender. Fact witness vouchers issued for
payment must be approved by the federal public defender or assistant
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