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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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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.
On behalf of NACDL, we write to address the need to amend Rule 17 of the Federal Rules of Criminal Procedure to allow the parties to issue subpoenas for documents and tangible items to third parties without leave of Court. … The current Rule 17 is ambiguous in critical respects, leading to disparate application that threatens the ability of defense counsel to adequately investigate, develop, and present available defenses, and thus to provide the level of assistance required by the Constitution.
Rule 17 of the Federal Rules of Criminal Procedure provides the only means for a criminal defendant to obtain materials from third parties. Despite its broad language, the courts’ application of Rule 17 over the years has seriously limited its usefulness. Marci LaBranche and Carey Bell discuss problems with how the rule has been applied, the current state of Rule 17(c) practice, and how to make a record that encourages change.
Brief of Amici Curiae National Association of Criminal Defense Lawyers in Support of Interested Party-Appellant and Reversal of the District Court Decision.
