La. Admin. Code tit. 1 § III-519

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-519 - Subpoenas

A. The division shall order the issuance of a subpoena upon written request of a party and compliance with the requirements of this rule.

B. Unless otherwise provided, to request the issuance of a subpoena, the following procedure shall be followed.

1. The subpoena shall be prepared and served by the party requesting the subpoena. The party requesting and serving the subpoena must file a return of service into the administrative record certifying on whom the subpoena was served, the time and date served, the location or address served, and the name of the person who served it.

2. Departmental service of subpoenas on law enforcement officers and fire service personnel must be accomplished in accordance with R.S. 13:3661.1 to be considered effective.

3. A subpoena request on behalf of any party shall be accompanied by a check or money order to cover witness fees pursuant to R.S. 49:956(5), R.S. 13:3662(A) (law enforcement officers), or other applicable law. Witness fees for experts shall be set by the administrative law judge in accordance with R.S. 49:950 et seq. The check or money order shall be made payable to each witness subpoenaed, or as provided for law enforcement witnesses.

4. Additional witness fees must be submitted in order for a subpoena to be reissued due to a continuance or other reason.

5. The subpoena should include the following:

a. the heading contained in §311. B of these rules;

b. the name of the party and the representative or attorney requesting the subpoena;

c. the docket number of the case;

d. the complete name, service address (with directions if necessary), and telephone number of the person being subpoenaed;

e. a sufficient description of any document or item to be produced; and

f. the date, time, place and proceeding for which the subpoena is requested.

C. A subpoena adapted from the Louisiana Code of Civil Procedure formulary is acceptable. Sample subpoena forms and forms for requesting subpoenas are available from the clerk of court.

D. Failure of a witness to appear or respond to a subpoena will not be grounds for a continuance unless Paragraph B.1 above has been complied with, and the request for the subpoena was received by the division at least 10 days before the date required for appearance, production or inspection. However, the administrative law judge may grant a continuance or exception when the interest of justice requires it.

E. Only the administrative law judge may dismiss a witness who appears at a hearing pursuant to a subpoena issued by the division.

La. Admin. Code tit. 1, § III-519

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:43 (January 2002), amended LR 38:2948 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq., and amendments to R.S. 32:668.A effective August 1, 2012.