Current through Register Vol. 54, No. 45, November 9, 2024
Section 42.48 - Issuance of subpoenas(a) As authorized in § 42.42 (relating to authorization to employ discovery measures), a request for a subpoena for documents or things shall be submitted to a motions commissioner or presiding officer specifying in writing the books, papers, documents or other material desired and setting forth the general relevance, materiality and scope of the evidence sought therefrom. The Commissioner or officer may thereafter sign and cause the subpoena to be issued for service.(b) As authorized in § 42.42, a request for the issuance of a subpoena for testimony to require attendance at a deposition or hearing shall be submitted to a motions commissioner or presiding officer specifying in writing the general relevance, materiality and scope of the evidence sought from the testimony. The Commissioner or officer may thereafter sign and cause the subpoena to be issued for service.(c) A person upon whom a subpoena is served shall file objections, in writing, within the time specified for compliance with the subpoena, except that the time may be extended by the motions commissioner or presiding officer if justice requires. The objections will be reviewed by the Commissioner or officer, who will rule thereon.(d) Subsections (a)-(c) supersede 1 Pa. Code §35.142(a) (relating to subpoenas).The provisions of this §42.48 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909. This section cited in 16 Pa. Code § 42.51 (relating to depositions); and 16 Pa. Code § 42.103 (relating to subpoena for a hearing upon the merits).