This page will address procedural questions such as: "How do I get subpoenas issued", "What do I bring to court with me", "How do I file sentencing support letters" and other questions.
Pursuant to Fed. R. Crim P. 17(d), “A marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a subpoena.” Court-appointed counsel may have a nonparty who is at least 18 years old serve a subpoena as contemplated by Rule 17, but service of process for subpoenas is NOT a reimbursable expense. Guide to Judiciary Policy, Vol 7, § 230.66.50.
The United States Marshal can serve all subpoenas for the government and for the defendants with court-appointed counsel at government expense, if ordered by the Court. Fed. R. Crim. P. 17(b). To have the United States Marshal serve a subpoena at government expense, court-appointed attorneys must seek approval from the appropriate Judge. An Ex Parte Application shall be filed in ECF with the proposed subpoenas attached. A Proposed Order should be submitted to the appropriate Judge's proposed orders box. The Proposed Order shall list the names of the witnesses to be subpoenaed and their addresses.
Once you have received an order to serve your subpoenas, you must submit the subpoenas, a copy of the Court Order and a completed U.S. Marshal form USM-285 to the Marshal Service for processing and service.
You will need the following number of copies for the Marshals Service:
Important Note: Subpoenas shall be delivered to the Boise USMS Office no later than 10 business days prior to the appearance date listed on the subpoena for in district witnesses or 30 days for out of district witnesses.
Please allow sufficient days for subpoenas to arrive in the Boise District USMS Office if you are in a divisional office other than Boise.
Sentencing support letters should be filed either directly with the Probation Office or filed under seal through the Court's ECF system. Where you file the letters is determined whether the Final Presentence Report has been filed with the Court or not.
Prior to the filing of the Final Presentence Report: You will send your support letter(s) to the Office of Probation and Pretrial for inclusion when they file the Final Presentence Report.
After the filing of the Final Presentence Report: You will file your support letter(s) directly in the Court's ECF system. The event you should use is located on the Main Menu under Other Filings; Other Documents. You will select from the Available Events list, 'Sealed Document - Sentencing Support Letters'. This will file the letter(s) UNDER SEAL.
Forms: You should have the following forms when you arrive at the courthouse and have them filled out and signed by your client prior to court beginning. (Court staff will not have these forms available for you in the courtroom)
Arrive at the Courthouse early to allow yourself time to visit with your client before court begins. If you have not been able to visit your client prior to the hearing, the USMS will allow you to visit with your client before taking them down to the courtroom for the hearing.
See the below Memorandum from the USMS for instructions on how to see your client prior to court in the Boise Courthouse.
Interpreter: If your client requires an interpreter, the Court will have appointed one and they will be at the courthouse early so you can meet with your client.
As a result of efforts of the Court's Criminal Advisory Committee, a uniform Procedural Order for all criminal matters was adopted by the Court effective April 1, 1996. The Procedural Order has been and should continue to be entered by a Magistrate Judge at the initial appearance of each defendant in criminal matters. See District Local Rule Crim 12.1 (Criminal), Procedural Orders and Motion.
For information or inquiries on Appointment to the Panel and Appointment to Cases, contact the CJA Panel Coordinators:
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