Subpoena (Duces Tecum) printable pdf download

How To Fill Out the Subpoena Form

A subpoena is an order to someone, authorized by statute, either

(1) to appear for a hearing or

(2) to make documents or other items available.

1. FILL IN THE CAPTION

Fill in the name of the case as shown on the notice of hearing you received.

2. FILL IN THE NAME AND ADDRESS OF THE PERSON YOU WANT SUBPOENAED

Fill in this information after the word "TO:"

3. CHOOSE "ATTEND" OR "PRODUCE"

ATTEND

If you want the person to appear for a hearing, check the line before the words,

"You are commanded to attend and fill in the date, time and location of the

hearing.

PRODUCE

If you want the person to bring documents or other items, check the line before

the words, "You are commanded to produce , and describe what you want

brought. Fill in a date and location only if it is other than for the hearing itself.

Special note: An Administrative Law Judge may require a statement of the relevance of

testimony and documents. To avoid delay, attach a statement along with the subpoena

for the Administrative Law Judge to review.

4. GIVE YOUR NAME & TELEPHONE NUMBER:

Place you name and telephone number after the words "AT THE REQUEST OF..."

5. HAVE THE SUBPOENA SIGNED

Take the completed subpoena to the Office of Administrative Hearings and have the

administrative law judge assigned to your case review and sign it. If appropriate, the

subpoena will be signed. You may send the completed subpoena to the Office by mail,

but be sure to send along a self-addressed, stamped envelope in order to have the

subpoena returned to you for service.

6. HAVE THE SUBPOENA SERVED

Take the signed subpoena and have it served either by a process server or someone

who is completely disinterested (not a friend, relative or party). That person must

personally give the subpoena to the person commanded in the subpoena, and fill out the

Affidavit of Service. The original of the subpoena and the Affidavit of Service must be

returned to the Office of Administrative Hearings.

7. MAKE PAYMENT OF $12.OOIDAY AND .2O/MILE TRANSPORTATION TO THE

PERSON SUBPOENAED

The law requires that you reimburse anyone you subpoena in the amount of $12.00 per

day (witness fee) and 20 cents per mile for transportation (one way). These fees must be

paid when the subpoena is served.

Subpoena (Duces Tecum)