Requests for subpoenas for the attendance
of witnesses or the production of documents shall be made in writing to the
hearing examiner and shall contain a brief statement demonstrating the
potential relevance of the testimony or evidence sought and shall identify any
documents sought with specificity, and shall name all persons to be subpoenaed.
(a) A subpoena shall be served in the manner
provided by the Montana Rules of Civil Procedure.
(b) The cost of service, fees, and expenses
of any witnesses subpoenaed shall be paid at the rates prescribed by Montana
law by the party at whose request the witness appears.
(c) The person serving the subpoena shall
make proof of service by filing the subpoena together with a certificate of
service with the hearing examiner.
(2) Upon motion made promptly, and in any
event at or before the time specified in the subpoena for compliance therewith,
the subpoena may be quashed or modified if the hearing examiner finds it is
unreasonable or oppressive.
party seeking the subpoena may seek enforcement of the same by applying to a
judge of any district court of the state of Montana for an order to show cause
why the subpoena should not be enforced against any witness who fails to obey
Mont. Admin. R.
NEW, 1984 MAR p. 697,
Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff.
IMP, Sec. 2-4-104 and