67 Pa. Code § 493.4 - Subpoena of witnesses and production of records
(a)
Subpoena ad
testificandum. Subpoena ad testificandum shall be
served as follows:
(1) A subpoena ad
testificandum issued in any action involving the Department or the
official duties of an employe thereof shall be directed only to an employe who
has detailed personal knowledge of the facts about which he is to testify and
shall be personally served on the employe.
(2) Personal service of a subpoena ad
testificandum may be waived by a Department staff attorney with the
consent of the employe to whom it is directed, if circumstances warrant and if
the Department and the employe will not be prejudiced by such waiver.
(b)
Subpoena duces
tecum. Subpoena duces tecum shall be served as
follows:
(1) A subpoena duces
tecum shall be directed to the custodian of the documents subpoenaed,
as follows:
(i) The District Engineer of each
Engineering District shall be the custodian of all documents housed in any
District or County office under his jurisdiction.
(ii) The Director of each Central Office
Bureau shall be the custodian of all documents housed in the Bureau office in
Harrisburg.
(iii) The Secretary and
each Deputy Secretary shall be the custodians of documents housed in their
respective executive offices in Harrisburg.
(2) The custodian shall appoint a responsible
employe of the Department to deliver subpoenaed documents and provide any
necessary testimony relating to their custody and content.
(3) Service of a subpoena duces
tecum may be waived by a Department staff attorney, in consultation
with the custodian of the documents, if circumstances warrant and if the
Department will not be prejudiced by such waiver.
(c)
Serving the subpoena.
Subpoenas shall be served at least 48 hours in advance of the time the employe
will be required to testify to allow the Department and the employe to make
necessary arrangements to cover the employe's duties in his absence.
(1) The time stated for the employe's
appearance shall be pinpointed as accurately as possible in order to avoid
undue disruption of official business.
(2) The witness fee for one day in court,
plus roundtrip mileage, must be tendered with the subpoena.
(d) An employe who is served with
a subpoena requiring his appearance in court or before any legislative
committee, etc., in any action involving the Department or in connection with
the employe's official duties, shall telephone the Chief Counsel, Deputy to the
Chief Counsel, Deputy Chief Counsel, or an Assistant Chief Counsel for
instructions.
(1) If the production of
records is demanded (subpoena duces tecum), the employe shall
fully describe the type of records listed in the subpoena so it can be
determined whether the records demanded should be produced.
(2) If compliance with a subpoena will
adversely affect the performance of official duties or require the production
of records that are not available for public disclosure, the Office of the
Chief Counsel will move to have the subpoena withdrawn, quashed or
modified.
(e) An employe
testifying under subpoena is required to testify only to facts within his
personal knowledge, and is not required to give his opinion as an expert in his
particular field of knowledge. In order to avoid prejudicing the Department's
case, where it is a party, and to maintain the Department's neutrality in
private litigation, statements of opinion are to be avoided wherever possible.
(1) If an employe is questioned as to his
opinion by anyone other than an attorney for the Department, he shall
respectfully decline to answer on the grounds that he is forbidden to do so by
this chapter. If he is, nonetheless, ordered to testify by the person or body
conducting the proceeding, he shall do so.
(f) In an appropriate case, the Office of the
Chief Counsel will provide legal representation for a subpoenaed
employe.
Notes
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