02-031 C.M.R. ch. 350, § 12 - Subpoenas

A. Authority. In any adjudicatory proceeding, any party upon application shall be entitled as of right to the issuance of subpoenas in the name of the Superintendent to require the attendance and testimony of witnesses and the production of any evidence relating to any issue of fact in the proceeding, subject to the provisions of 5 M.R.S.A. Section 9060(1) and 24-A M.R.S.A. Sections 232233.

B. Form. Each request for issuance of a subpoena shall be accompanied by a proposed subpoena which shall, to the extent practicable, adhere to the form used in civil actions.

C. Service. The party requesting the subpoena shall be responsible for service. A subpoena may be served by the sheriff, his deputy, a constable or any other person who is not a party and not less than eighteen (18) years of age, by delivering a copy of the subpoena to the person named in it. The party requesting the subpoena shall also be responsible for the tender of witness fees to the extent required by Title 24-A M.R.S.A. Section232(3).

D. Timing of Requests of Subpoenas. Requests for subpoenas will be processed as expeditiously as is reasonably possible; however, the requesting party should not anticipate immediate issuance of a subpoena upon filing of the request. Requests for subpoenas requiring attendance or production of documents at a scheduled hearing should be filed no later than 5 working days prior to the hearing date, unless some other deadline is provided by order of the Superintendent, in order to provide the witness subpoenaed a reasonable opportunity to exercise his rights under 5 M.R.S.A. Section9060(1)(C) to petition the Superintendent to vacate or modify the subpoena. Requests for subpoenas filed less than the prescribed number of working days before a scheduled hearing will be granted only upon a showing of good cause.

Notes

02-031 C.M.R. ch. 350, § 12