Mich. Admin. Code R. 38.173 - Subpoenas

Rule 43.

(1) The administrative law judge shall sign and issue a subpoena to a party requesting it for a witness or documentary or physical evidence. The requesting party shall fill in the subpoena before service.

(2) A subpoena must state the title of the matter and must command attendance and testimony or production of documentary or physical evidence at a time and place specified in the subpoena.

(3) A party shall serve a subpoena in the manner prescribed by statute or the Michigan court rules for subpoenas in civil actions unless the administrative law judge allows service in another manner reasonably calculated to give the person actual notice of the subpoena.

(4) On motion at or before the time specified in a subpoena for compliance, the administrative law judge may quash or modify the subpoena if it is unreasonable or oppressive.

(5) Witnesses subpoenaed before the commission shall receive the same fees and mileage that witnesses in circuit courts receive. The party at whose request a witness appears shall pay the witness fees and mileage to the witness.

(6) The prevailing party may recover witness fees and mileage as costs if the commission so directs.

Notes

Mich. Admin. Code R. 38.173

1998-2000 AACS; 2020 MR 3, Eff. 2/6/2020