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Criminal law; criminal procedure; discovery; investigations; subpoenas; Rule 17; Rule 17(c); Advisory Committee on Criminal Rules
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No More Nixon: A Proposed Change To Rule 17(C) Of The Federal Rules Of Criminal Procedure, Norah Senftleber
No More Nixon: A Proposed Change To Rule 17(C) Of The Federal Rules Of Criminal Procedure, Norah Senftleber
Fordham Law Review
Today, the standard for subpoenas under Rule 17(c) of the Federal Rules of Criminal Procedure, espoused in United States v. Nixon, provides for limited, almost useless, pretrial subpoena power for criminal defendants. When subpoenaing a third party, a defendant must show (1) relevancy, (2) admissibility, and (3) specificity for documents that they have not yet gained access to. This narrow scope of Rule 17(c) has long engendered criticism from judges, scholars, and practitioners alike. Yet, Rule 17(c) has not been changed, either by judicial opinion or amendment.
Following years of criticism, the Advisory Committee on Criminal Rules (“Advisory Committee”) …