Statutes, codes, and regulations
Nebraska Administrative Code
MOTOR VEHICLES, DEPARTMENT OFTitle 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920
Section 249-1-011 - WITNESSES

249 Neb. Admin. Code, ch. 1, § 011

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Current through September 17, 2024
Section 249-1-011 - WITNESSES
011.01Witnesses.

If a party has a witness with personal knowledge of the case, their attendance at the hearing should be arranged. If a witness refuses to appear voluntarily or the voluntary production of requested documents is denied, a party may make a request that copies be sent to them or their representative after the hearing.

011.02Subpoenas.

Subpoenas shall be requested by praecipe at least five (5) days before any scheduled hearing. Any request that is not both filed and received by the Director within the time and manner specified shall be denied, unless substantial injustice would result. Only subpoenas granted and issued by the Director are valid in CDL disqualification hearings.

011.03Content of Subpoena Requests.

To be considered, a subpoena request must state all of the following for each subpoena requested:

011.03A The identification of the person or document desired; and
011.03B all addresses at which the subpoena may possibly be served; and
0110.3C The facts expected to be established for a reasoned determination of materiality by the Director; and
011.03D The fact that the person refused to appear voluntarily or the production of the requested documents was denied; and
011.03E If more than two subpoenas are requested to establish a single fact, the reason why requested subpoenas are not merely repetitive.
011.04Subpoena Duces Tecum.

A subpoena duces tecum shall be issued in the same manner and form as a subpoena for the attendance of a witness, and any command the person to whom it is directed to produce any books, papers, documents, or tangible items.

011.05Witness Fees.

The Appellant shall be responsible for the payment of witness fees and mileage, for any witness they subpoena, including the fees and expenses of expert witnesses the Appellant calls. The request for a subpoena must be accompanied by a certified check or money order, in the amount sufficient to cover witness fees and mileage.

011.06Service.

A subpoena issued by the Director shall be served by the Appellant or party by certified or registered mail, return receipt requested. The party requesting the subpoena shall be charged with the responsibility of service.

011.07Discretion of Director.

The decision to issue a subpoena shall be at the discretion of the Director.

011.08Failure to Comply.

In the case of the disobedience of a subpoena, the Director may invoke the aid of the applicable district court in requiring the attendance and testimony of witnesses, and the production of accounts, books, documents, or papers.

249 Neb. Admin. Code, ch. 1, § 011