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45.2 Witnesses in Cases Proceeding In Forma Pauperis
(§ (a) amended 1/1/02, 12/1/09)
- In General. If a party who has been authorized to proceed in forma pauperis desires the attendance of any witness 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 each witness not later than twenty-one (21) days before the trial, hearing, or deposition where the witness is expected to testify. If a witness's stated testimony is not material or is repetitive, the court may, in its discretion, decline to order the procurement of the witness.
- Subpoena Costs. 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 by the Marshal.
In all other cases, witness and service fees and expenses shall not be paid by the United States. 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.