(a) Licensed members of the California State Bar in a representative capacity, may issue subpoenas and subpoenas duces tecum to compel attendance of an individual at a hearing or production of an item at any reasonable place and time, so long as the individual being served does not reside more than 100 miles from the location where the hearing or investigation is to be held, or more than 100 miles from the location where the witness testifies or is interviewed if testimony or a statement is taken electronically pursuant to section 58.6, whichever applies. (1) If a witness resides more than 100 miles from the hearing location, the party intending to serve the subpoena must submit an affidavit or a declaration attesting to the materiality of the witness to the Chief ALJ or his or her designee.(b) Subpoenas and subpoenas duces tecum issued pursuant to (a)(1), or at the request of a person not licensed as a member of the State Bar, shall be issued by the Chief ALJ or his or her designee.(c) Subpoenas and subpoenas duces tecum issued under this section shall be on a form provided by the board, (SPB-76, Revised 12/09), attached as Appendix "A" to these regulations.(d) A person served with a subpoena or subpoena duces tecum may object to its terms by a motion for a protective order and/or for a motion to quash. The motion shall be made within 15 days after receipt of the subpoena.(e) Witness fees are to be remitted pursuant to Government Code section 18674.Cal. Code Regs. Tit. 2, § 59.3
1. New section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Amendment of subsection (c) filed 10-21-2010; operative 10-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
3. Amendment of subsections (a)-(a)(1) and (c) filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15). Note: Authority cited: Section 18701, Government Code. Reference: Sections 18672 through 18675, Government Code.
1. New section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Amendment of subsection (c) filed 10-21-2010; operative 10-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
3. Amendment of subsections (a)-(a)(1) and (c) filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).