Section R2-19-113. Subpoenas

A.      Form. A party shall request a subpoena in writing from the administrative law judge and shall include:

1.        The caption and docket number of the matter;

2.        A list or description of any documents sought;

3.        The full name and home or business address of the custo- dian of the documents sought or all persons to be subpoe- naed;

4.        The date, time, and place to appear or to produce docu- ments pursuant to the subpoena; and

5.        The name, address, and telephone number of the party, or the party’s attorney, requesting the subpoena.

B.       An Administrative Law Judge may require a brief statement of the relevance of testimony or documents.

C.      Service of subpoena. Any person who is not a party and is at least 18 years of age may serve a subpoena. The person shall serve the subpoena by delivering a copy to the person to be served. The person serving the subpoena shall provide proof of service by filing with the office a certified statement of the date and manner of service and the names of the persons served.

D.      Objection to subpoena. A party, or the person served with a subpoena who objects to the subpoena, or any portion of it, may file an objection with the administrative law judge. The objection shall be filed within 5 days after service of the sub- poena, or at the outset of the hearing if the subpoena is served fewer than 5 days before the hearing.

E.       Quashing, modifying subpoenas. The administrative law judge shall quash or modify the subpoena if:

1.        It is unreasonable or oppressive, or

2.        The desired testimony or evidence may be obtained by an alternative method.

Historical Note

Section adopted by final rulemaking at 5 A.A.R. 563, effective February 3, 1999 (Supp. 99-1).