Ariz. Admin. Code § 4-23-119

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-23-119 - Subpoenas

A. Form. A party wanting the Board to issue a subpoena shall submit a written request to the Board and include:

1. The caption and docket number of the matter;

2. A list or description of any documents sought;

3. The full name and home or business address of the custodian of the documents sought or all persons to be subpoenaed;

4. The date, time, and place to appear or to produce documents according to the subpoena; and

5. The name, address, and telephone number of the party, or the party's attorney, requesting the subpoena.

B. The Board may require a brief statement of the relevance of testimony or documents requested.

C. Service of subpoena. The Board shall serve a subpoena in a manner allowed by law.

D. Objection to subpoena. If a party or the person served with a subpoena objects to the subpoena or any portion of the subpoena, the party or person may file an objection with the Board within five days after service of the subpoena or at the start of the hearing if the subpoena is served fewer than five days before the hearing.

E. Quashing or modifying subpoenas. The Board shall quash or modify a subpoena if:

1. It is unreasonable or oppressive, or

2. The desired testimony or evidence may be obtained by an alternative method.

Ariz. Admin. Code § R4-23-119

New Section made by final rulemaking at 10 A.A.R. 1132, effective May 1, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 155, effective 3/4/2024.