Section 445-RICR-00-00-1.26 - SubpoenasA. Issuance - Subpoenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the Board upon its own motion, will issue only upon motion in writing to the Board or the presiding officer, except that during sessions of a hearing in a proceeding, such motion may be made orally on the record before the Board or presiding officer, who is hereby given authority to determine the relevancy and materiality of the evidence sought and to issue such subpoenas in accordance with such determination. Such written motion shall be verified and shall specify as nearly as may be possible the general relevance, materiality, and scope of the testimony or documentary evidence sought, including, as to documentary evidence, specification as nearly as may be of the documents desired and the facts to be proven by them in sufficient detail to indicate the materiality and relevance of such documents.B. Service and Return - Service shall be made by a Rhode Island sheriff, his deputy or other disinterested party designated by the Board or the presiding officer. If service of subpoena is made by a Rhode Island sheriff or his deputy, such service shall be evidenced by his return thereof; if made by another person, such person shall make affidavit thereof, describing the manner in which service is made, and shall return such affidavit on or with the original subpoena. In case of failure to make service, the reasons for the failure shall be stated on the original subpoena. In making service, a copy of the subpoena shall be exhibited to and left with the person to be services. The original subpoena, bearing or accompanied by the authorized return, affidavit, or statement, shall be returned forthwith to the Coordinator, or if so directed on the subpoena, to the presiding officer before whom the person named in the subpoena is required to appear.C. Fees of Witnesses - Witnesses who are subpoenaed shall be paid fees as provided in § 1.25 of this Part.445 R.I. Code R. 445-RICR-00-00-1.26
Amended effective 11/28/2018