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Section 552 - Supoenas

552.1 - Application

Application for issuance of a subpoena requiring a person to appear and testify at a specific place and time shall be made in writing to the Executive Director. All requests for subpoenas ad testificandum shall clearly identify the person subpoenaed and be accompanied by a twenty-five dollar ($25) per diem consisting of a certified check or money order payable to each person subpoenaed.

 

552.2 - Application (cont.)

Application for issuance of a subpoena requiring a person to produce documents (including writings, drawings, graphs, charts, photographs, electronic records and other recordings, and other data compilations from which information may be obtained) at a specific time and place shall be made in writing to the Executive Director.

 

 

552.3 - Service

An applicant for subpoena shall arrange for service. The following rules shall apply to service of subpoenas:

(a) Personal service: Service of a subpoena may be made by any person, who is not a party to the proceeding and who is at least eighteen (18) years of age. Service of the subpoena shall be attested to in an affidavit by the person making such service. The attesting affidavit shall state the date, time, and method of service.

(b) Service by certified mail: Service of a subpoena may be made by certified mail. If the subpoena is served by certified mail, a copy of the document shall be addressed to the person or business entity to be served, at his or her residence, principal office or place of business. The return receipt shall be proof of service of the document.

 

552.4 - Quash

Any motion to limit or quash the subpoena shall be filed within five (5) days after service of the subpoena or on the date for compliance with the subpoena, whichever is earlier. Such motions shall set forth all assertions of privilege, burdensomeness, irrelevancy or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits, and other supporting documentation.

 

552.5 - Contumacy

In the case of contumacy or failure to obey a subpoena issued, the Board, pursuant to DC Code Section 1-605.2(16) (1987 ed.), may request enforcement of the subpoena in the Superior Court of the District of Columbia.