Epstein Secrets

plained in its Order, a defendant seeking material pursuant to a Rule 17(c) subpoena bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). Pursuant to that standard, a Rule 17(c) subpoena "should not issue unless it meets three criteria: `(1) relevancy, (2) admiss

the extent it should be produced, that production is governed by Rule 16, Rule 26.2, Brady, and Giglio, but not Rule 17. See, e.g., United States v. Carton, 17 Cr. 680 (CM), 2018 WL 5818107, at *4 (S.D.N.Y. Oct. 19, 2018) (rejecting a request for a personnel file because the BSF, Dkt. No. 191 at 5 ("Th

subpoena seeks information that is largely (if not entirely) inadmissible under Federal Rule of Evidence 408, it fails the test in United States v. Nixon, 418 U.S. 683, 702 (1974). Maxwell also seeks to subpoena statements of a witness or prospective witness that are not subject to subpoena under Fede

No. 102)1 2, in Doe v. Indyke, 20 Civ. 484 (S.D.N.Y.). 5° Ex. A ¶ 14 ( Decl.). EFTA00078657 November 19, 2021 Page Thirteen United States v. Carton, No. 17 CR 680 (CM), 2018 WL 5818107, at *5 (S.D.N.Y. Oct. 19, 2018) (quashing subpoena seeking a "forbearance agreement," citing Rule 408). The do

plained in its Order, a defendant seeking material pursuant to a Rule 17(c) subpoena bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). Pursuant to that standard, a Rule 17(c) subpoena "should not issue unless it meets three criteria: `(1) relevancy, (2) admiss

the extent it should be produced, that production is governed by Rule 16, Rule 26.2, Brady, and Giglio, but not Rule 17. See, e.g., United States v. Carton, 17 Cr. 680 (CM), 2018 WL 5818107, at *4 (S.D.N.Y. Oct. 19, 2018) (rejecting a request for a personnel file because the BSF, Dkt. No. 191 at 5 ("Th

bly to delay the trial; and (4) that the application is made in good faith and is not intended as a general "fishing expedition." United States v. Nixon, 418 U.S. 683, 699-700 (1974) (footnote omitted); see United States v. Skelos, 988 F.3d 645, 661 (2d Cir. 2021) (affirming a decision to quash subpo

tein, 2017 WL 6887596, at *3. Finally, the Government has standing to challenge subpoenas that call for its own communications. See United States v. Carton, 17 Cr. 680 (CM), 2018 WL 5818107, at *3 (S.D.N.Y. Oct. 19, 2018) (quashing a subpoena for communications with the Government).' The only way for

bly to delay the trial; and (4) that the application is made in good faith and is not intended as a general "fishing expedition." United States v. Nixon, 418 U.S. 683, 699-700 (1974) (footnote omitted); see United States v. Skelos, 988 F.3d 645, 661 (2d Cir. 2021) (affirming a decision to quash subpo

tein, 2017 WL 6887596, at *3. Finally, the Government has standing to challenge subpoenas that call for its own communications. See United States v. Carton, 17 Cr. 680 (CM), 2018 WL 5818107, at *3 (S.D.N.Y. Oct. 19, 2018) (quashing a subpoena for communications with the Government).' The only way for