Section 203 IAC 1-1-8 - Subpoenas; subpoenas duces tecum; depositionsAuthority: IC 5-2-6.1-46
Affected: IC 5-2-6.1
Sec. 8.
(a) The division shall issue subpoenas and subpoenas duces tecum, either at its own instance or upon written application of any party made not less than ten (10) days prior to the hearing. The ten (10) day provision may be waived at the discretion of the director. Subpoenas and subpoenas duces tecum shall comply with the Indiana rules of procedure.(b) The issuance of a subpoena at the application of a party shall depend upon a showing of necessity. A written request shall designate the names and addresses of witnesses and the locations of:(7) any other evidence; necessary to the claim being heard.(c) The cost of service, witness, and mileage fees shall be borne by the party at whose request a subpoena is issued.(d) The division, on its own motion or on application of the claimant, shall take or cause to be taken affidavits or depositions of witnesses residing within or without the state whenever it deems such procedure necessary. The division may set appropriate terms and conditions pertaining to the taking of affidavits or depositions. The requesting party shall bear the expense.Victim Services Division; 203 IAC 1-1-8; filed Aug 26, 2004, 1:30 p.m.: 28 IR 8; readopted filed Dec 2, 2010, 2:29 p.m.: 20101229-IR-203100660RFAReadopted filed 11/30/2017, 1:38 p.m.: 20171227-IR-203170441RFAReadopted filed 6/22/2023, 11:34 a.m.: 20230719-IR-203230221RFA