Haw. Code R. § 12-41-16

Current through April, 2024

Section 12-41-16 - Revocation of subpoenas

Any person, when served with a subpoena, whether ad testificandum or duces tecum, who does not intend to comply with subpoena, within five days after the date of service of the subpoena, shall petition in writing to revoke the subpoena. The petition to revoke a subpoena shall be filed with the board and served upon the party at whose request the subpoena was issued. Notice of the filing of petitions to revoke shall be given promptly by the board to the party at whose request the subpoena was issued. The board shall revoke the subpoena if in its opinion.

(1) The evidence required to be produced does not relate to any matter in the complaint or in question in the proceedings; or

(2) The subpoena does not describe with sufficient particularity the evidence whose production is required; or

(3) If for any other reason sufficient in law the subpoena is otherwise invalid.

The board shall make a simple statement of procedural or other grounds for the ruling on the petition to revoke. The petition to revoke, any answer filed thereto, and any ruling thereon shall not become part of the official record except upon the request of the party aggrieved by the ruling.

Haw. Code R. § 12-41-16

[Eff. NOV 10 1983] (Auth: HRS § 377-11) (Imp: HRS § 377-9)