45.2 Witnesses in Cases Proceeding In Forma Pauperis

(a) In General

If a party who has been authorized to proceed in forma pauperis desires the attendance of any witness or the production of any documents or evidence by subpoena or writ, that party shall file a motion containing the name, address, and, if applicable, the inmate number, and a brief statement of the expected testimony of, or of the documents or other evidence to be produced from, each witness not later than twenty-one (21) days before the trial, hearing, or deposition where the witness is expected to testify or produce the requested evidence.  If a witness's stated testimony, or the requested evidence, is not material to the claims or defenses at issue in the case, is repetitive, or unduly burdensome, the court may, in its discretion, decline to order or otherwise limit, the production of the witness or of the requested evidence.

(b) Subpoena Costs

(i) IFP 28 U.S.C. §§ 2254 and 2255 and Indigent Criminal Cases

In in forma pauperis cases brought pursuant to 28 U.S.C. §§ 2254 and 2255, and in indigent criminal cases, witness fees, service fees, and expenses for the subpoena of all witnesses shall be paid for by the Marshal.

(ii) All Other IFP Cases

In all other in forma pauperis cases, if requested by the party by motion, the service fees for the subpoena shall be paid for by the Marshal. All other witness fees and expenses shall not be paid by the United States and are the responsibility of the party. Witnesses shall be subpoenaed as provided by Fed. R. Civ. P. 45(b) and fees tendered accordingly. If no tender is made as required by Rule 45(b) when the subpoena is served, the witness shall not be penalized for failure to attend. However, if the witness honors the subpoena and the subpoenaing party recovers its costs, the witness shall be entitled to payment of fees from the recovered costs on application to the court.


(§ (a) amended 1/1/02, 12/1/09; §§ (a) and (b) amended 12/1/17)