D.C. Mun. Regs. tit. 4, r. 4-418

Current through Register 71, No. 45, November 7, 2024
Rule 4-418 - SUBPOENAS
418.1

Any party, or the hearing examiner, may apply to the Commission for the issuance of a subpoena in the name of the Chief Judge of the Superior Court of the District of Columbia, requiring the appearance and testimony of a witness, or the production of a document or other evidence. The application for a subpoena shall state with particularity the testimony or evidence being sought, and the time and place of appearance or production; and shall be made on a form obtainable from the Commission. The applicant need not show that the appearance or production of the witness or evidence in question will not be made voluntarily.

418.2

The party seeking a subpoena shall direct the application for subpoena to the Chairperson through the hearing examiner. The hearing examiner shall obtain the signature of the Chairperson on the subpoena form.

418.3

Service shall be effected in accordance with § 411. The party who sought the issuance of the subpoena shall be responsible for service of the subpoena, or may elect to have the subpoena served by the Commission by certified mail. If made by anyone other than the Commission, service shall be attested by the person making service, in an affidavit stating the date, time, place, and method of service.

418.4

Any witness subpoenaed to appear before a hearing examiner shall be entitled to the same fee paid in the same manner as are paid to witnesses appearing before the Superior Court of the District of Columbia in civil cases, except that the party on whose behalf the subpoena is issued need not tender the fees in advance of appearance and testimony of the witness or production of evidence pursuant to the subpoena. A witness who is employed by the District of Columbia shall not be entitled to the fees if that witness remains on active duty status while appearing before the hearing examiner.

418.5

Any person to whom a subpoena is directed may file with the Hearing Tribunal a motion to limit or quash the subpoena, stating the reasons that the subpoena should be limited or quashed. The motion shall be filed in writing on or before the date specified in the subpoena for compliance.

418.6

The Hearing Tribunal may, in its discretion, issue sua sponte an order limiting or quashing a subpoena.

418.7

Any duly subpoenaed person who refuses or neglects to obey a subpoena without filing a motion to limit or quash the subpoena, or after a motion to limit or quash the subpoena has been denied, may be subject to citation for contempt of the Commission or the Superior Court of the District of Columbia. The Chairperson shall report the failure to obey the subpoena to the - Office of Attorney General for enforcement by Chief Judge of the Superior Court of the District of Columbia.

D.C. Mun. Regs. tit. 4, r. 4-418

Final Rulemaking published at 42 DCR 1429, 1443-44 (March 24, 1995). Mayor's Order 2004-92 (5-26-04)