18-674 C.M.R. ch. 100, § 2-204 - Subpoenas

Current through 2022-14, April 6, 2022

1. On initiative of Appeals Officer or by request

The Appeals Officer, on his or her own initiative or at the request of a party, may issue a subpoena for documentary or testimonial evidence if the Appeals Officer determines that the requested evidence is relevant to an issue of fact and that the issuance of the subpoena is necessary for carrying out the responsibilities of the Board. Any requests for a subpoena must contain:

A. The title of the matter and the Board's docket number;
B. The name and address of the party requesting the subpoena;
C. The name and address or location of any person to be subpoenaed;
D. A description of any records, files or other documents to be subpoenaed, including their location and the identity of the person who has custody of them; and
E. A brief statement explaining why the testimony or documents to be subpoenaed are relevant to an issue of fact in the appeal, why that evidence cannot be obtained by other means, and why the issuance of the subpoena is necessary for carrying out the responsibilities of the Board.

A copy of the request must be sent to the non-requesting party at the time it is submitted to the Appeals Officer.

2. Objections

If the non-requesting party objects within 10 days of a request for a subpoena being filed, the Appeals Officer will schedule a telephone conference with the parties to determine whether the evidence sought is relevant to an issue of fact in the appeal, whether that evidence cannot be obtained by other means, and whether the issuance of the subpoena is necessary for carrying out the responsibilities of the Board.

3. Issuance of Subpoenas after approval

If the Appeals Officer determines that the request seeks evidence that is relevant to the appeal and cannot be obtained by other means, and that the issuance of the subpoena is necessary for carrying out the responsibilities of the Board, the Appeals Officer shall issue the subpoena and forward it to the requesting party for service. The time, date and location for the production of any documents sought must be inserted on the face of the subpoena by the requesting party, allowing at least 14 days after service for production. When seeking documents, the requesting party must indicate that compliance may be achieved by the recipient sending the requested documents by certified mail or common carrier to an address specified by the requesting party on or before the date set for production. When seeking testimony, the requesting party must indicate the date, time and location of the Appeals Conference at which the testimony is desired.

4. Limitations and requirements
A. Witnesses shall be subpoenaed only within the same territorial limits and in the same manner as witnesses in civil cases before the Maine courts. Witnesses subpoenaed shall be paid the same fees for attendance and travel as in civil cases before the Maine courts. All such fees and costs shall be paid by the party requesting the subpoena.
B. If a subpoena requires the disclosure of a trade secret or other confidential research, development, or commercial information, or requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles one way to attend a hearing, then the Appeals Officer may cancel or modify the subpoena. If the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the Appeals Officer may order appearance or production under specified conditions.
5. Petitions to cancel or modify subpoenas
A. Any witness subject to a subpoena may petition the Appeals Officer to cancel or modify the subpoena and the Appeals Officer shall give prompt notice of any such petition to the party who requested issuance of the subpoena.
B. After such investigation as he or she considers appropriate, the Appeals Officer may grant a petition to cancel or modify the subpoena in whole or in part upon a finding that the subpoena:
(1) Does not seek evidence that relates with reasonable directness to any matter at issue;
(2) Fails to allow a reasonable time for compliance;
(3) Requires disclosure of privileged or other protected matters and no exception or waiver applies;
(4) Is unreasonable, oppressive, or subjects a person to undue burden;
(5) Is not necessary for carrying out the responsibilities of the Board; or
(6) Seeks information that is obtainable by other means.

Notes

18-674 C.M.R. ch. 100, § 2-204

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