Published: 2016-04-29

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2824.1 Except as provided in Subsection 2824.5 below (unemployment compensation and rental housing cases), a subpoena for the appearance of witnesses and production of documents at a hearing shall only be issued by an Administrative Law Judge.

2824.2 A party may request a subpoena in writing or an Administrative Law Judge may issue a subpoena without a party’s request.

2824.3 Any request that an Administrative Law Judge issue a subpoena should include a copy of the proposed subpoena and shall state the relevance of the requested testimony or documents. Subpoenas and forms to request a subpoena are available from the Clerk.

2824.4 Unless otherwise provided by law or order of an Administrative Law Judge, any request for a subpoena shall be filed no later than five calendar days prior to the hearing.

2824.5 In unemployment compensation and rental housing cases, the Clerk shall, without an order of the Administrative Law Judge, issue certain subpoenas at the request of a party as follows:

(a) For subpoenas in unemployment compensation cases, refer to Section 2984.

(b) For subpoenas in rental housing cases, refer to Section 2934.

(c) When the Clerk issues a subpoena authorized by this Subsection, the Clerk shall sign it, but otherwise leave it blank. The party requesting the subpoena shall fill in the remaining information on the subpoena form.

a) If a party in an unemployment insurance or rental housing case wants to obtain any subpoena not authorized by this Subsection, the party shall request an Administrative Law Judge to issue that subpoena in accordance with Subsections 2824.1 through 2824.4.

2824.6 It is the responsibility of the requesting party to serve a subpoena in a timely fashion. Any person, including a party, who is at least eighteen (18) years of age, may serve a subpoena.

2824.7 Service of a subpoena for a witness to appear at a hearing shall be made by personally delivering the subpoena to the witness. Unless otherwise ordered by an Administrative Law Judge, service shall be made at least four (calendar days before the hearing.

2824.8 A subpoena for the production of documents at a hearing shall be directed to either an individual, a corporation, the Government, or another entity.

2824.9 A subpoena for the production of documents at a hearing shall be served by any of the following means:

(a) Handing it to the person or to a representative of the person or entity;

(b) Leaving it at a person’s office with a responsible adult, or if no one is available, leaving it in a conspicuous place in the office;

(c) Leaving it with a responsible adult at an entity’s office that is connected to the case;

(d) Mailing it to the last known address of the person;

(e) Mailing it to the last known address of an entity’s office connected to the case; or

(f) Delivering it by any other means, including electronic means, if consented to in writing by the person or entity served, or as ordered by an Administrative Law Judge.

2824.10 A person or entity ordered to produce documents at a hearing:

(a) Need not appear in person at the hearing unless ordered by an Administrative Law Judge to do so;

(b) Shall produce the documents as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the subpoena; and

(c) Shall expressly make any claims of privilege or protection with a description of the documents not produced that is sufficient to enable the requesting party to contest the claim.

2824.11 A subpoena may be served at any place within the District of Columbia, or at any place outside the District of Columbia that is within twenty-five (25) miles of the place of the hearing.

2824.12 To prove service of a subpoena, a party shall file a written statement or shall provide in-court testimony describing the date and manner of service, and names of the persons served.

2824.13 An Administrative Law Judge may quash or modify a subpoena if it:

(a) Was issued under Subsections 2824.5, 2934.1 or 2984.1, but does not meet the requirements of those subsections;

(b) Was improperly served;

(c) Fails to allow reasonable time for compliance;

(d) Requires a person who is not a party or an officer of a party to travel to a hearing more than twenty-five (25) miles from where that person resides, is employed, or regularly transacts business, except that such a person may be ordered to appear by telephone;

(e) Requires disclosure of a privileged or other protected information; or

(f) Subjects a person or entity to undue burden or expense.

2824.14 If a person or entity disobeys a subpoena, an Administrative Law Judge may order compliance with the subpoena. If a person subject to the order fails to comply, the Administrative Law Judge may impose monetary sanctions. In addition, a party may apply to the Superior Court of the District of Columbia for an order to show cause why that person should not be held in civil contempt.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).