445 R.I. Code R. § 445-RICR-00-00-1.26 - Subpoenas
A. Issuance - Subpoenas for the attendance of
witnesses or for the production of documentary evidence, unless directed by the
Board upon its own motion, will issue only upon motion in writing to the Board
or the presiding officer, except that during sessions of a hearing in a
proceeding, such motion may be made orally on the record before the Board or
presiding officer, who is hereby given authority to determine the relevancy and
materiality of the evidence sought and to issue such subpoenas in accordance
with such determination. Such written motion shall be verified and shall
specify as nearly as may be possible the general relevance, materiality, and
scope of the testimony or documentary evidence sought, including, as to
documentary evidence, specification as nearly as may be of the documents
desired and the facts to be proven by them in sufficient detail to indicate the
materiality and relevance of such documents.
B. Service and Return - Service shall be made
by a Rhode Island sheriff, his deputy or other disinterested party designated
by the Board or the presiding officer. If service of subpoena is made by a
Rhode Island sheriff or his deputy, such service shall be evidenced by his
return thereof; if made by another person, such person shall make affidavit
thereof, describing the manner in which service is made, and shall return such
affidavit on or with the original subpoena. In case of failure to make service,
the reasons for the failure shall be stated on the original subpoena. In making
service, a copy of the subpoena shall be exhibited to and left with the person
to be services. The original subpoena, bearing or accompanied by the authorized
return, affidavit, or statement, shall be returned forthwith to the
Coordinator, or if so directed on the subpoena, to the presiding officer before
whom the person named in the subpoena is required to appear.
C. Fees of Witnesses - Witnesses who are
subpoenaed shall be paid fees as provided in §
1.25 of this Part.
Notes
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