Mich. Admin. Code R. 418.89

Current through Vol. 24-21, December 1, 2024

Section R. 418.89 - Subpoena; provision to opposing party; submittal of subpoenaed records; disputes

Rule 9.

(1) A subpoena must be on an agency approved form and comply with the following:

(a) The party requesting the subpoena shall certify that the matter about which the subpoena is requested is pending before the agency.

(b) Magistrates or attorneys may sign subpoenas. A subpoena must be fully completed before submission to a magistrate for signing.

(c) The return date indicated on the subpoena must provide a reasonable time for compliance.

(d) Magistrates may sign a subpoena for a case assigned to another magistrate unless the assigned magistrate has refused to sign the subpoena.

(2) A copy of a subpoena issued by a magistrate or attorney pursuant to section 853 of the act, MCL 418.853, must be provided to all parties, or their legal counsel if known, at the time of issuance.

(3) All subpoenaed records must be returned directly to the party requesting the records. The charges for copying records are limited to the charges permitted by R. 418.10118(1).

(4) The recipient of the subpoena shall immediately do either of the following:

(a) Provide a complete copy of the records to the requesting party.

(b) Make the records reasonably available to the requesting party for copying.

(5) After a requesting party has obtained a copy of subpoenaed records, that party shall promptly provide a copy to all other parties.

(6) Only those records admitted into evidence or offered and excluded by a magistrate at a hearing are placed in the agency file or maintained by the agency.

(7) Any dispute arising under this rule must be brought by motion before the assigned magistrate and have a copy of the subpoena attached. A copy of the motion and the subpoena must be served on all parties or their counsel, and proof of service filed with the agency. If a party claims certain subpoenaed records, or portions thereof, are protected from disclosure by a privilege, the magistrate assigned to the case shall assign another magistrate to hear the motion, review the records, and order production of the records, or portions thereof, not specifically protected by a privilege.

(8) A witness who attends any action or proceeding pending before a magistrate shall be paid a witness fee of $12.00 for each day and $6.00 for each half day. The traveling expenses are those authorized in the state standardized travel regulations.

Mich. Admin. Code R. 418.89

2021 MR 21, Eff. 11/12/2021