D.C. Mun. Regs. tit. 6, r. 6-B554

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

Rule 6-B554 - SUBPOENAS

554.1

An application for issuance of a subpoena requiring a person to appear and testify at a specific place and time or to produce designated documents must be made in writing to the Executive Director. All requests for subpoenas ad testificandum must clearly identify the person subpoenaed and, except for employees of the Government of the District of Columbia, be accompanied by a forty dollar ($40) per diem consisting of a certified check or money order payable to each person subpoenaed.

554.2

An application for issuance of a subpoena requiring a person to produce documents (including writings, drawings, graphs, charts, photographs, electronic records and other recordings, and other data compilations from which information may be obtained) at a specific time and place must be made in writing to the Executive Director.

554.3

An applicant for a subpoena must arrange for service. A subpoena may be served in either of two (2) ways:

(a) Personal service. Service of a subpoena may be made by any person who is not a party to the proceeding and who is at least eighteen (18) years of age. The person making such service must attest to the service of the subpoena in an affidavit. The attesting affidavit must state the date, time, and method of service.

(b) Service by certified mail. Service of a subpoena may be made by certified mail. If the subpoena is served by certified mail, the subpoena must be mailed to the address of the person or business entity to be served, at the person's residence, principal office, or place of business. The return receipt will serve as proof of service of the document.

554.4

Any motion to limit or quash the subpoena must be filed no later than seven (7) days after service of the subpoena or on the date for compliance with the subpoena, whichever is earlier. The motion must set forth all assertions of privilege, burdensomeness, irrelevance, or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits, and other supporting documentation.

554.5

In the case of contumacy or failure to obey a subpoena, the Board may request enforcement of the subpoena in the Superior Court of the District of Columbia pursuant to D.C. Official Code § 1-605.02(16) (2016 Repl.).

554.6

Board members and employees may not be subpoenaed.

554.7

When an employee of the District receives a subpoena to appear and testify or to produce designated documents, the employing agency must make the employee available to respond to the subpoena, pursuant to D.C. Official Code § 1-605.02(8). When responding to a subpoena, a witness will be on official duty status and must not be required to use leave.

D.C. Mun. Regs. tit. 6, r. 6-B554

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); amended by Final Rulemaking published at 62 DCR 12688 (10/1/2015); amended by Final Rulemaking published at 67 DCR 4508 (5/1/2020)