(a) Upon written or
electronic request of a party or counsel of record in a pending proceeding, the
judge will issue a subpoena to compel the attendance of a witness or require
the production of books, documents, records, CD-ROMs, diskettes, other digital
recordings or other things relevant to the proceeding at a scheduled hearing or
deposition within the scope of, and scheduled under, this chapter. The party
requesting a subpoena shall complete the subpoena and serve the judge with the
original written request and shall serve a copy of the written request on
unrepresented parties and counsel of record as provided in §
131.34(a)
(relating to other filings).
(b)
Subpoenas may not be served until 10 days from the date of issuance unless
waived by agreement of the parties.
(c) The party, counsel of record or their
respective agents requesting a subpoena shall serve the subpoena that the judge
has issued upon the witness or person subpoenaed and upon opposing counsel.
(1) Service shall be made by one of the
following:
(i) Personal service under the
Pennsylvania Rules of Civil Procedure.
(ii) Any form of mail requiring a return
receipt postage prepaid, restricted delivery or as provided in §
131.11(b)
(relating to filing, service and proof of service).
(2) The fee for 1 day's attendance and
roundtrip mileage shall be tendered upon demand at the time the person is
served with the subpoena. If a subpoena is served by mail, a check in the
amount of 1 day's attendance and round-trip mileage shall be enclosed with the
subpoena. The fee for 1 day's attendance and roundtrip mileage is as prescribed
in
42 Pa.C.S. §§
5901-5988 (relating to
depositions and witnesses).
(d) Upon the filing of written objections by
a person served with a subpoena or a party, the judge may, after notice to
counsel of record and unrepresented parties, promptly quash or limit the scope
of a subpoena issued or served.
(e)
If the person fails to appear, or has given notice of the intention not to
appear, as required by a subpoena duly served, the judge will upon request of a
party, communicate to the witness the requirements of the act that the person
so appear and advise the person of the enforcement provisions under section 436
of the act (77 P. S. §
992).
(f) Subsections (a)-(e) supersede 1 Pa. Code
§§
35.139 and
35.142 (relating to fees of witnesses; and
subpoenas).
Notes
The provisions of
this § 131.81 adopted March 29, 1991, effective
3/30/1991, 21 Pa.B. 1401;
amended December 6, 2002, effective 12/7/2002, 32 Pa.B. 6043; amended December 19,
2014, effective 12/20/2014, 44
Pa.B. 7837.
The provisions of this § 131.81 amended under
sections 401.1, 435(a) and (c) and 1608 of
the Workers' Compensation Act (77 P. S. §§
710,
991(a) and (c) and 2708);
section 2205 of The Administrative Code of 1929 (71 P. S. §
565); and section 414 of The Pennsylvania
Occupational Disease Act (77 P. S. §
1514).
This section cited in 34 Pa. Code §
131.11 (relating to filing,
service and proof of service).
