W. Va. Code R. § 77-8-11

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

Section 77-8-11 - Subpoenas

11.1. In general.

This section governs the issuance of subpoenas in administrative proceedings under these rules. Except for time periods stated in these rules, to the extent that this rule conflicts with procedures for the issuance of subpoenas, the West Virginia Rules of Civil Procedure apply.

11.2. Issuance of subpoena.

Upon the written request of a party, the executive director of the commission or the presiding administrative law judge may issue a subpoena requiring:

11.2.1. The attendance of a witness for the purpose of giving testimony at a deposition;

11.2.2. The attendance of a witness for the purpose of giving testimony at a hearing; and

11.2.3. The production of relevant books, papers, documents or tangible things.

11.3. Time of request.

Requests for subpoenas in aid of discovery must be submitted in time to permit the conclusion of discovery fifteen (15) days before the date scheduled for the hearing. If a request for subpoenas of a witness for testimony at a hearing is submitted three days or less before the hearing, the subpoena shall be issued at the discretion of the presiding administrative law judge.

11.4. Service.

A subpoena may be served by any person who is not a party and is not less than eighteen (18) years of age. Service on a person shall be made by delivering a copy of the subpoena to the person and by tendering witness fees and mileage to that person. When the subpoena is issued on behalf of the commission, witness fees and mileage need not be tendered with the subpoena.

11.5. Amount of witness fees and mileage.

A witness summoned by a subpoena issued under this section is entitled to the same witness and mileage fees as a witness in proceedings in the circuit courts of this state. Fees payable to a witness summoned by a subpoena shall be paid the party requesting the issuance of the subpoena, unless otherwise ordered by the administrative law judge as a part of the assessment of the costs. Where the administrative law judge determines that a party is unable to pay the fees, the fees shall be paid by the commission.

11.6. Motion to quash or limit subpoena.

Upon a motion by the person served with a subpoena or by a party, made within five (5) days of the service of the subpoena (but in any event not less than the time specified in the subpoena for compliance), the administrative law judge may:

11.6.1. Quash or modify the subpoena if it is unreasonable and oppressive or for other good cause shown; or

11.6.2. Condition denial of the motion upon the advancement, by the party on whose behalf the subpoena was issued, of the reasonable cost of producing subpoenaed books, papers or documents. Where the circumstances require, the administrative law judge may act upon such a motion at any time after a copy of the motion has been served upon the party on whose behalf the subpoena was issued.

11.7. Failure to comply with subpoena.

If a person fails to comply with a subpoena issued under this section, the party requesting the subpoena may refer the matter to the attorney general for enforcement in appropriate proceedings under W. Va. Code '5-11A-12.

W. Va. Code R. § 77-8-11