Section 16-1411. SUBPOENAS

 

1411.1Pursuant to §4(o), D.C. Law 5-162, the Board may issue a subpoena for the attendance of a witness and for the production of books, records, documents, and other evidence.

 

1411.2Any party may serve a subpoena upon any other party, witness or person holding relevant documents. The individual or entity served shall have five (5) business days from date of service of the subpoena to respond.

 

1411.3Witnesses other than those employed by the District of Columbia acting in their official capacity as an employee of the District Government, summoned to appear before the Board shall be entitled to the same fees as are paid witnesses for attendance before the Superior Court of the District of Columbia but the fees need not be paid the witnesses in advance of their appearing and testifying, or producing books, records, papers, documents, or other legal evidence before the Board.

 

1411.4The Board may require the party on whose behalf the subpoena is issued to pay the reasonable costs of service.

 

1411.5Any individual or entity upon whom a subpoena is served may seek to have the subpoena quashed or limited. The written motion shall state the ground or grounds on which it is based and shall be filed no later than five (5) days from service of the subpoena.

 

1411.6A subpoena may be quashed or limited on any of the following grounds:

 

(a)The subpoena is overbroad;

 

(b)The evidence sought through the subpoena is irrelevant to the case;

 

(c)The subpoena would violate a legally recognized privilege; or

 

(d)The lack of jurisdiction, improper service, or other procedural defect.

 

1411.7A subpoena may be served within the District of Columbia or outside of the District of Columbia if the location is within one hundred (100) miles of the location of the hearing, or where a statute permits.

 

1411.8A subpoena shall be served on an individual or entity using any of the following methods:

 

(a)By delivering the subpoena to the individual personally;

 

(b)By leaving the subpoena at his or her usual place of business or at his or her usual residence with a person over the age of sixteen (16) years who is employed or residing at that place;

 

(c)By registered or certified mail, return receipt requested, sent to the individual's last known address; or

 

(d)By delivering or mailing through registered or certified mail with return receipt requested, the subpoena to an officer, managing or general agent or to any other person authorized to receive service of process for an entity.

1411.9Any individual at least eighteen (18) years of age and not a party to the claim may serve a subpoena.

 

1411.10The Board may apply to the proper court for an order requiring obedience, if a person refuses any of the following requirements:

 

(a)To respond to a subpoena;

 

(b)To take the oath or affirmation as a witness; or

 

(c)To obey any lawful order of an arbitrator;

 

source

Final Rulemaking published at 33 DCR 2958, 2966 (May 16, 1986).