Subpoena To Produce State Law Enforcement Personnel Or Complaint Records {CAND 89C}

CAND 89C (Rev. 8/12) Subpoena to Produce State Law Enforcement Personnel Or Complaint Records in a Criminal Case UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. SUBPOENA TO PRODUCE STATE LAW ENFORCEMENT PERSONNEL OR COMPLAINT RECORDS IN A CRIMINAL CASE Case No.: Defendant(s). TO: YOU ARE COMMANDED to produce at the place, date, and time specified the personnel or complaint records indicated below. You shall produce the records pursuant to General Order 69 and pursuant to the attached protective order. If compliance would be unreasonable or oppressive, you may file a motion within 14 days of receipt of this subpoena requesting the court to quash or modify the subpoena or to review the documents in camera. PLACE COURTROOM/JUDGE United States Courthouse 450 Golden Gate Avenue San Francisco, CA 94102 United States Courthouse 280 South First Street San Jose, CA 95113 United States Courthouse 1301 Clay Street Oakland, CA 94612 DATE AND TIME If the records are produced in advance of the date specified, either to the court in an envelope delivered to the clerk's office or to the issuing attorney whose name and address appears below, no appearance is necessary. The following document(s) or object(s) shall be produced: NOTE: Subpoena forms requiring the appearance of a witness to testify at a criminal proceeding or to testify and bring documents to a criminal proceeding (CAND 89A, Subpoena to Testify in a Criminal Case) or for the production of documents or objects at or in advance of the trial, hearing or proceeding at which the items are to be offered in evidence (CAND 89B, Subpoena to Produce Documents or Objects in a Criminal Case) are available at the Court's Internet site: cand.uscourts.gov. U.S. MAGISTRATE JUDGE OR CLERK OF COURT DATE (By) Deputy Clerk ATTORNEY'S NAME, ADDRESS AND PHONE NUMBER: American LegalNet, Inc. www.FormsWorkFlow.com CAND 89C (Rev. 8/12) Subpoena to Produce State Law Enforcement Personnel Or Complaint Records in a Criminal Case PROOF OF SERVICE DATE R EC E IV E D B Y SE R V ER DATE SE R V E D SERVED ON (PRINT NAME) FEES AND MILEAGE TENDERED TO WITNESS PLACE PLACE YES NO AMOUNT $ SERVED BY (PRINT NAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on DATE SIGNATURE OF SERVER ADDRESS: ADDITIONAL INFORMATION American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: CR PROTECTIVE ORDER RE: SUBPOENAED PERSONNEL OR COMPLAINT RECORDS RECEIVED FROM LAW ENFORCEMENT AGENCY UNDER FED. R. CRIM. P. 17(c) & N.D. CAL. CRIM. L. R. 17-2(e) Defendant(s). Law enforcement personnel and/or complaint records (hereafter, "records") were subpoenaed from state or local agencies and returned to: the Court and are hereby delivered to: both parties. the requesting party, who must produce a copy to the Government or make the records available for inspection and duplication. the Government by the requesting party, either by a copy of the records or, if no copy is attached, by this notice that the records are available for inspection and duplication. the requesting party Use of the records in this case shall be governed by General Order No. 69: Process for Subpoenaing and Using Personnel and Complaint Records of State Law Enforcement Officers Testifying in Federal Court. The parties may not use the records in any court proceeding or otherwise disclose any portion of the records or their contents without a court order. At the conclusion of the case, including the final disposition of an appeal of any conviction, the parties shall return the records to the court or the producing agency. American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: The producing party asks that the assigned district judge file this protective order in the public record. The producing party sent the records directly to the requesting party, who now submits this order to the assigned district judge for filing in the public record. IT IS SO ORDERED. UNITED STATES DISTRICT JUDGE 2 American LegalNet, Inc. www.FormsWorkFlow.com GENERAL ORDER NO. 69 PROCESS FOR SUBPOENAING & USING PERSONNEL OR COMPLAINT RECORDS OF STATE LAW ENFORCEMENT OFFICERS TESTIFYING IN FEDERAL COURT I. PURPOSE The purpose of this general order is to provide a streamlined process for subpoenaing and reviewing personnel and complaint records (hereafter, "records") of state law enforcement officers who have been or will be subpoenaed to testify in a federal criminal proceeding. It does not eliminate or limit any of the requirements of Northern District of California Criminal Local Rules (cited herein as "Crim. L.R.") 17-2 and 47-2, including the ability of the subpoenaed party to move to quash or modify the subpoena or to request an in camera review of the records. II. PROCESS FOR OBTAINING AND USING RECORDS A. Introduction This General Order was generated by representatives from the Court, the United States Attorney's Office, the Federal Public Defender and the Court's Criminal Justice Act (CJA) Administration and Criminal Practice Committees. It contains a process for subpoenaing, obtaining, reviewing, and using personnel and complaint records and reflects the agreements of the Federal Public Defender and the United States Attorney to facilitate that process. The General Order streamlines the request for production, production, and use of the records in four ways: First, it establishes a process for production of records pursuant to a model protective order that provides for the return of all subpoenaed records at the end of the case, and it requires the defendant to move in limine in advance of a hearing or trial to introduce any records that the defendant believes are admissible. A sample form model protective order is attached as Exhibit A. Second, the Federal Public Defender will provide training to all Assistant Federal Public Defenders and CJA panel lawyers on the General Order and the drafting of narrowly-framed Rule 17(c) subpoenas that comply with the requirements of Crim. L.R. 17-2. Third, the General Order and the model protective order will be attached to t