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CFR › Title 5 › Chapter II › Subchapter A › Part 1201 › Subpart B › Section 1201.81

5 CFR 1201.81 - Requests for subpoenas.

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§ 1201.81
Requests for subpoenas.
(a) Request. Parties who wish to obtain subpoenas that would require the attendance and testimony of witnesses, or subpoenas that would require the production of documents or other evidence under 5 U.S.C. 1204(b)(2)(A), should file their motions for those subpoenas with the judge. The Board has authority under 5 U.S.C. 1204(b)(2)(A) to issue a subpoena requiring the attendance and testimony of any individual regardless of location and for the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwealth of Puerto Rico or the District of Columbia. Subpoenas are not ordinarily required to obtain the attendance of Federal employees as witnesses.
(b) Form. Parties requesting subpoenas must file their requests, in writing, with the judge. Each request must identify specifically the books, papers, or testimony desired.
(c) Relevance. The request must be supported by a showing that the evidence sought is relevant and that the scope of the request is reasonable.
(d) Rulings. Any judge who does not have the authority to issue subpoenas will refer the request to an official with authority to rule on the request, with a recommendation for decision. The official to whom the request is referred will rule on the request promptly. Judges who have the authority to rule on these requests themselves will do so directly.
[54 FR 53504, Dec. 29, 1989, as amended at 70 FR 30608, May 27, 2005]

Title 5 published on 2013-01-01

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-04-19; vol. 78 # 76 - Friday, April 19, 2013
    1. 78 FR 23457 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective April 19, 2013.
      5 CFR Parts 1201 and 1208

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 1204 - Powers and functions of the Merit Systems Protection Board

§ 1305 - Administrative law judges

§ 7701 - Appellate procedures

USC : Title 38 - VETERANS’ BENEFITS

§ 4331 - Regulations

Title 5 published on 2013-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR 1201 after this date.

  • 2013-04-19; vol. 78 # 76 - Friday, April 19, 2013
    1. 78 FR 23457 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective April 19, 2013.
      5 CFR Parts 1201 and 1208