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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B5. RULES OF THE PUBLIC EMPLOYEE RELATIONS BOARD |
Section 6-B552. SUBPOENAS
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552.1Application for issuance of a subpoena requiring a person to appear and testify at a specific place and time shall be made in writing to the Executive Director. All requests for subpoenas ad testificandum shall clearly identify the person subpoenaed and be accompanied by a forty dollar ($40) per diem consisting of a certified check or money order payable to each person subpoenaed.
552.2Application for issuance of a subpoena requiring a person to produce documents (including writings, drawings, graphs, charts, photographs, electronic records and other recordings, and other data compilations from which information may be obtained) at a specific time and place shall be made in writing to the Executive Director.
552.3An applicant for a subpoena shall arrange for service. The following rules shall apply to service of subpoenas:
(a)Personal service. Service of a subpoena may be made by any person who is not a party to the proceeding and who is at least eighteen (18) years of age. Service of the subpoena shall be attested to in an affidavit by the person making such service. The attesting affidavit shall state the date, time, and method of service.
(b)Service by certified mail. Service of a subpoena may be made by certified mail. If the subpoena is served by certified mail, a copy of the document shall be addressed to the person or business entity to be served, at his or her residence, principal office or place of business. The return receipt shall be proof of service of the document.
552.4Any motion to limit or quash the subpoena shall be filed within seven (7) days after service of the subpoena or on the date for compliance with the subpoena, whichever is earlier. Such motions shall set forth all assertions of privilege, burdensomeness, irrelevancy or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits, and other supporting documentation.
552.5In the case of contumacy or failure to obey a subpoena issued, the Board, pursuant to D.C. Official Code § 1-605.02(16) (2014 Repl.), may request enforcement of the subpoena in the Superior Court of the District of Columbia.
552.6Board employees may not be subpoenaed.
552.7When an employee of the District of Columbia government receives a subpoena to appear as a witness on behalf of any party in connection with a proceeding before the Board under the CMPA, the employing District of Columbia agency shall make the employee available to furnish sworn statements or affirmation or to appear as a witness at hearings. When providing such statements or testimony, a witness shall be on official duty status and shall not be required to use annual leave.