10 Miss. Code. R. 402-5.8

Current through December 10, 2024
Rule 10-402-5.8 - [Effective until 12/16/2024] Subpoenas requested by parties

The hearing officer shall have the power to issue subpoenas for testimony or documents. Subpoenas may be issued to parties upon request, but only for the following purposes:

A. To compel a non-party witness to appear and give testimony at any hearing scheduled under these rules; or
B. To compel any person to appear at the hearing on the merits of the case, to give testimony, or to produce documents or other tangible things.

Subpoenas requested by a party shall be submitted to the hearing officer on a form approved by the Board. Concurrently with the submission of the subpoena to the hearing officer, the requesting party shall serve a copy on all of the parties to the proceeding and shall file proof of such service with the Board and the hearing officer.

Subpoenas shall not be issued in blank. A subpoena submitted for issuance must contain the title and number of the case, the name of the person to whom it will be directed, the date, time and place of hearing, and the name and signature of the requesting party or his or her attorney. A subpoena duces tecum must in addition, contain a complete description of specific documents or other tangible things that the witness will be required to produce at the hearing.

Unless the witness agrees otherwise, a subpoena issued for the purposes provided in these rules must be served by the requesting party at least ten (10) calendar days prior to the hearing. A subpoena will be issued during the hearing or on less than ten (10) days' notice only upon order of the hearing officer for reasonable cause shown by the requesting party.

10 Miss. Code. R. 402-5.8

Miss. Code Ann. § 37-28-9 and 33(8).
Adopted 1/11/2024