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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 3. ELECTIONS AND ETHICS |
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Chapter 3-4. HEARINGS |
Section 3-431. SERVICE OF SUBPOENA AND NOTICE OF DEPOSITION
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431.1A subpoena may be served by any person who is not a party and is not less than eighteen (18) years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy of the subpoena to the person and, if the person’s attendance is commanded, by tendering to that person the fees for one day’s attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or the District of Columbia or an officer of agency thereof, fees and mileage need not be tendered.
431.2Witnesses are entitled to a witness fee of forty dollars ($40) per day and the cost of public transportation to the proceeding or a mileage fee calculated at seventeen cents (17¢) per mile.
431.3If a person is represented in a proceeding by counsel, a subpoena or a notice may be served upon the person’s counsel.
431.4Service of a subpoena or a notice of deposition and fees to an individual may be made by any of the following means:
(a)Handing the subpoena or notice to the person;
(b)Leaving the subpoena or notice at the person’s office with the person in charge of the office;
(c)Leaving the subpoena or notice at the person’s dwelling place or usual place of abode with some person of suitable age and discretion then residing in that dwelling place or abode;
(d)Mailing the subpoena or notice by registered or certified mail to the person at the person’s last known address; or
(e)Any other method whereby actual notice is given to the person and the fees are made available prior to the return date.
431.5When the person to be served is not an individual, a copy of the subpoena or notice of the deposition and fees shall be delivered by one (1) of the following ways:
(a)Handing the subpoena or notice to a registered agent for service;
(b)Handing the subpoena or notice to any officer, director or agent in charge of any office of that person;
(c)Mailing the subpoena or notice by registered or certified mail to the representative at his or her last known address; or
(d)Any method whereby actual notice is given to that representative and the fees are made available prior to the return date.
431.6The Board may, upon the failure by any person to obey a subpoena served upon that person apply to the D.C. Superior Court for an order requiring the person to appear before the Board to give testimony, produce evidence or both. If a person fails to obey the order without an adequate excuse, the Board may apply for an order that the person be held on contempt by the court.