D.C. Mun. Regs. tit. 3, r. 3-431

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 3-431 - SERVICE OF SUBPOENA AND NOTICE OF DEPOSITION

431.1

A subpoena or a notice of a deposition shall be served by a non-party at least 18 years of age upon a person by delivering a copy of the subpoena or notice to the named person, pursuant to this section.

431.2

If a person is represented in a proceeding by counsel, a subpoena or a notice may be served upon the person's counsel.

431.3

Service of a subpoena or a notice of deposition and fees to an individual may be made by any of the following means:

(a) Handing the subpoena or notice to the person;

(b) Leaving the subpoena or notice at the person's office with the person in charge of the office;

(c) Leaving the subpoena or notice at the person's dwelling place or usual place of abode with some person of suitable age and discretion then residing in that dwelling place or abode;

(d) Mailing the subpoena or notice by registered or certified mail to the person at the person's last known address; or

(e) Any other method whereby actual notice is given to the person.

431.4

When the person to be served is not an individual, a copy of the subpoena or notice of the deposition and fees shall be delivered by one (1) of the following ways:

(a) Handing the subpoena or notice to a registered agent for service;

(b) Handing the subpoena or notice to any officer, director or agent in charge of any office of that person;

(c) Mailing the subpoena or notice by registered or certified mail to the representative at his or her last known address; or

(d) Any method whereby actual notice is given to that representative.

431.5

The Board may, upon the failure by any person to obey a subpoena served upon that person apply to the D.C. Superior Court for an order requiring the person to appear before the Board to give testimony, produce evidence or both. If a person fails to obey the order without an adequate excuse, the Board may apply for an order that the person be held on contempt by the court.

D.C. Mun. Regs. tit. 3, r. 3-431

Final Rulemaking published at 45 D.C. Reg. 7349, 7350-51 (October 9, 1998) and as amended in 50 D.C. Reg. 11071-11072 (December 26, 2003); amended by Final Rulemaking published at 70 DCR15793 (12/15/2023)