Haw. Code R. § 16-181-15 - Availability of witness and document subpoenas

(a) Subpoenas may be issued by the arbitrator through the program administrator. Subpoenas requiring the attendance of witnesses or production of records, memoranda, or tangible things at the designated place of hearing, for the purpose of taking the testimony of such witness or inspection of documents, shall be issued upon written application to the arbitrator by any party.

(b) The application for a subpoena shall state at least the following:

(1) The name and address of the witness;

(2) The purpose for which the witness or material is sought;

(3) The time and place of the hearing for the witness to appear or produce the material;

(4) The name of the party requesting the subpoena;

(5) The address at which the subpoena shall be served; and

(6) A detailed description of any documents to be brought by the witness.

(c) The subpoena must be issued sufficiently in advance of the scheduled hearing to allow service before the hearing.

(d) A subpoena may be served by any person authorized by law to serve process or by any person who is not a party and who is not less than eighteen years of age. Service may be made by delivery of a copy to the person named in the subpoena. Proof of the service shall be made by affidavit of the person making service. The affidavit shall be filed with the program administrator within three days of service of the subpoena.

(e) Service may also be made by certified mail to addressee only, return receipt requested. Proof of the service shall be by return receipt signed by the addressee. The signed return receipt shall be filed with the program administrator within three days after being returned to the party who requested the subpoena.

(f) The party requesting the subpoena will be required to pay the reasonable costs of service.

Notes

Haw. Code R. § 16-181-15

[Eff 3/3/97; comp 10/8/05] (Auth: HRS § 481I-4) (Imp: HRS § 481I-4)