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

ness in this case; the Government will provide Carton with his 3500, Jencks and Giglio material by the deadline set by the Court"); United States v. Yudong Zhu, No. 13 Cr. 761 (VM), 2014 WL 5366107, at *3 & n.3 (S.D.N.Y. Oct. 14, 2014) (rejecting a subpoena request under Rule 17(h) even though the records

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

sentatives of the EVCP). As courts have held, such statements are not subject to subpoena, even when sought from a third party. See United States v. Yudong Zhu, No. 13 Cr. 761 (VM), 2014 WL 5366107, at *3 & n.3 (S.D.N.Y. Oct. 14, 2014) (quashing request under Rule 17(h) for materials that "likely constitut

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

ness in this case; the Government will provide Carton with his 3500, Jencks and Giglio material by the deadline set by the Court"); United States v. Yudong Zhu, No. 13 Cr. 761 (VM), 2014 WL 5366107, at *3 & n.3 (S.D.N.Y. Oct. 14, 2014) (rejecting a subpoena request under Rule 17(h) even though the records