Ala. Admin. Code r. 364-X-17-.04 - Subpoenas
(1) Subpoenas
requiring the attendance of witnesses, or those to produce documents, evidence,
or things, will be issued by the Board or its designee within four business
days of the receipt of a request from a party to the case for such subpoena,
except as stated in this Rule.
(2)
Subpoenas shall be served as the officer issuing the subpoena shall direct, as
may be appropriate to the circumstances of the case. Subpoenas may be directed
to be served by either of the following methods:
(a) by an employee of the Board; or
(b) by the sheriff of the county in which the
person subpoenaed resides, when the party requesting such subpoena prepays the
sheriff's service fee.
(3) Subpoenas shall be issued in duplicate,
with a "Return of Service" form attached to each copy. The person serving the
subpoena shall fill out the "Return of Service" form for each copy and promptly
return one copy of the subpoena, with the attached "Return of Service" forms
completed, to the Board.
(4) The
Board or its designee will have the discretion to refuse to issue a requested
subpoena if, clearly, on its face, the request is objectionable or
unreasonable.
(5) Except as
otherwise stated in a particular subpoena, any person receiving a subpoena from
the Board may object thereto by filing a written objection to the subpoena with
the Board by mailing same to the Board office. Such objection must be filed
within five (5) days of receipt of the subpoena or two days prior to the date
on which the subpoena is returnable or testimony to be taken, whichever shall
be sooner.
(6) Such objection will
include a concise, but complete statement of the reasons why the subpoena
should be revoked or modified. These reasons may include lack of relevance of
the evidence sought, or any other reason sufficient in law for holding the
subpoena invalid, such as that the evidence is privileged, that appearance or
production would be so disruptive as to be unreasonable in light of the
significance of the evidence sought, or other undue hardships.
(7) Any such objection to a subpoena must be
served on the party who requested the subpoena simultaneously with the filing
of the objection with the Board.
(8) The party who requested the subpoena, in
such time as may be granted by the Board or its designee, may file a written
response to the objection. The written response shall be served by the
requesting party on the objecting witness simultaneously with filing the
response with the Board.
(9) After
receipt of the objection and response thereto, if any, the Board or its
designee shall issue a notice to the party who requested the subpoena and the
party who is challenging it, and may notify all other parties, of an open
hearing, to be scheduled as soon as practicable, at which time evidence and
testimony may be presented, limited to the narrow questions raised by the
objection and response, if any.
(10) Promptly after the close of such
hearing, the Board or its designee will rule on the challenge and issue a
written decision. A copy of the decision will be issued to all parties and made
a part of the record.
(11)
Subpoenas shall contain the following:
(a) the
caption of the case;
(b) the name
and address of the person subpoenaed;
(c) the date, hour and location of the
hearing in which a witness is commanded to appear;
(d) a particularized description of the
books, papers, records, maps, charts or objects the witness is directed to
bring with him or her to the hearing, if any;
(e) the identity of the party on whose
application the subpoena has been issued, and the date of issue;
(f) the manuscript signature of the Board
chairman or his designee; and
(g) a
"Return of Service" form, fully executed, which shows; the name and capacity of
the person serving the subpoena; the date on which the subpoena was delivered
to the person directed to make service; the date on which service was made; the
person on whom service was made; the location and manner in which service was
made; and the manuscript signature of the person making service.
Author: Thornton L. Neathery
Notes
Statutory Authority: Code of Ala. 1975, ยง 34-41-20.
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