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Back to Part 1921
OSHA 1921.20

Subpoena application procedures

Subpart E

15 Questions & Answers
Official OSHA text

Questions & Answers

Under 1921.20, who must written applications for subpoenas be submitted to?

All applications for subpoenas must be submitted in writing to the hearing examiner. See 1921.20 which requires that "All applications for subpoenas ad testificandum and subpoenas duces tecum shall be made in writing to the hearing examiner."

Under 1921.20, must an application for a subpoena be in writing?

Yes — the rule requires that all subpoena applications must be made in writing to the hearing examiner. That requirement is stated directly in 1921.20.

Under 1921.20, what must an application for a subpoena duces tecum include about the documents requested?

An application for a subpoena duces tecum must specify the documents as exactly as possible and show their general relevancy and reasonable scope. The regulation requires this level of detail in the application as stated in 1921.20.

Under 1921.20, does the rule require applicants to show the relevancy of documents requested by a subpoena duces tecum?

Yes — for subpoenas duces tecum applicants must show the general relevancy of the documents they request. The requirement to show "their general relevancy" is part of the application rules in 1921.20.

Under 1921.20, does the regulation cover both subpoenas ad testificandum and subpoenas duces tecum?

Yes — the rule applies to both subpoenas ad testificandum (to compel testimony) and subpoenas duces tecum (to produce documents). The text of 1921.20 opens by addressing both types of subpoenas.

Under 1921.20, is a verbal request sufficient to obtain a subpoena?

No — a verbal request is not sufficient because the regulation states that all applications for subpoenas "shall be made in writing" to the hearing examiner. See 1921.20.

Under 1921.20, how specific must document descriptions be in an application for a subpoena duces tecum?

Document descriptions must be given "as exactly as possible," demonstrating their general relevancy and a reasonable scope. That specificity requirement is spelled out in 1921.20.

Under 1921.20, does the regulation specify who may file a subpoena application?

No — the regulation requires that "all applications" be in writing to the hearing examiner but does not limit or define in the text who may file an application. The requirement is stated in 1921.20.

Under 1921.20, does the standard set out timing or service procedures for subpoena applications?

No — 1921.20 addresses the form and content of subpoena applications but does not specify timing deadlines or service procedures in the text provided.

Under 1921.20, must an application for a subpoena duces tecum include an explanation of the scope of the request?

Yes — the application must show the documents' "reasonable scope," meaning you should limit requests to what is necessary and explain that scope. This requirement appears directly in 1921.20.

Under 1921.20, does the rule require showing relevancy for subpoenas ad testificandum in the same way as for duces tecum?

No — the text of 1921.20 explicitly states the specification and relevancy requirement for subpoenas duces tecum; it does not impose the same explicit document-specification or relevancy wording for subpoenas ad testificandum in this provision.

Under 1921.20, if I request large categories of documents, does the regulation address whether that is acceptable?

The regulation requires that subpoenas duces tecum specify documents "as exactly as possible" and show a "reasonable scope," which means broad, unfocused category requests risk failing that requirement. These specification and scope rules are in 1921.20.

Under 1921.20, does the regulation provide a required form or format for subpoena applications?

No — 1921.20 requires that applications be in writing and describes what a duces tecum application must include, but it does not prescribe a specific form or standardized format in the text provided.

Under 1921.20, does the regulation describe what the hearing examiner should do after receiving a subpoena application?

No — 1921.20 sets out the application requirements but does not specify the hearing examiner's subsequent procedures, rulings, or timelines in the language shown.

Under 1921.20, how should an applicant show "general relevancy" when requesting documents by subpoena duces tecum?

An applicant should describe how the requested documents relate to the matter before the hearing and limit the request to a reasonable scope, because 1921.20 requires specifying documents "as exactly as possible" and showing their "general relevancy and reasonable scope." While the rule does not list exact language, practical descriptions tying documents to specific issues in the case help meet this requirement.