Subpoenas and witness procedures

Under 2200.65(a), the Judge issues subpoenas on behalf of the Commission or any Commission member, and a party may apply for a subpoena ex parte. Issuance rules in 2200.65(a).

• Applications filed before a judge is assigned must be filed with the Executive Secretary at the address in the rule; after assignment, applications go to the Judge. See 2200.65(a).

Under 2200.65(a), a subpoena can require attendance and testimony and can command production of evidence such as relevant books, records, correspondence, or documents in the witness’ possession or control at a deposition or hearing. See 2200.65(a).

• A subpoena may be tailored to request testimony (ad testificandum) and/or documentary or tangible evidence (duces tecum).

Under 2200.65(b), any person who is not a party and who is at least 18 years old may serve a subpoena. See Service rules in 2200.65(b).

• Service cannot be performed by a party to the proceeding; it must be a non‑party adult.

Under 2200.65(b), service may be made by personal delivery, by certified mail (return receipt requested), or by leaving a copy at the person’s principal place of business or residence with a suitable person. Service may occur at any place in the United States or its Territories or possessions. See 2200.65(b).

• A subpoena may command attendance and production from anywhere within the United States or its Territories/possessions.

Under 2200.65(b), yes — a subpoena may command a person to attend and produce documents or tangible things at any designated hearing or deposition location within the United States or any Territory or possession. See 2200.65(b).

• This allows parties to seek documentary evidence from witnesses located across the country.

Under 2200.65(c), a person served with a subpoena must, within 5 days after service, file a written motion to revoke or modify it if they do not intend to comply, and must serve that motion on the party who requested the subpoena. See 2200.65(c).

• The motion must be in writing and served on the requesting party; failure to file timely may affect objections.

Under 2200.65(d), the Commission or Judge will revoke or modify a subpoena if the evidence requested does not relate to any matter under investigation or in question, if the subpoena fails to describe the evidence with sufficient particularity, or if there is any other sufficient legal reason rendering the subpoena invalid. See 2200.65(d).

• The Commission or Judge will provide a simple statement of the procedural or other grounds for the ruling, and the motion, any answer, and the ruling become part of the record.

Under 2200.65(d), the motion to revoke or modify, any answer filed in response, and the ruling on the motion all become part of the official record. See 2200.65(d).

• This means those documents and the Judge’s or Commission’s reasoning are preserved for appeal or review.

Under 2200.65(d), a person compelled to submit data or other information at a public proceeding has the right to retain the documents they submitted or obtain a copy upon payment of lawfully prescribed costs; if they gave testimony, they are entitled to a copy of the transcript upon payment of the lawful costs. See 2200.65(d).

• Expect to pay the routine reproduction or transcript fees set by the proceeding.

Under 2200.65(e), witnesses summoned to appear for a deposition or before the Commission or Judge must be paid the same witness fees and mileage as are paid to witnesses in the federal courts. See 2200.65(e).

• The specific amounts follow federal court schedules for witness fees and allowable mileage.

Under 2200.65(f), witness fees and mileage shall be paid by the party at whose instance the witness appears, and under 2200.65(e) the amounts must equal federal court witness fees and mileage. See 2200.65(f) and 2200.65(e).

• If you subpoena a witness, plan to reimburse them at federal rates for their attendance and travel expenses.

Under 2200.65(f), if a person fails to comply with a subpoena issued at a party’s request, the Commission, through its counsel, may recommend that the U.S. Department of Justice initiate enforcement proceedings in the appropriate district court, provided enforcement would be consistent with law and Commission policy. See 2200.65(f).

• The Commission or its counsel is not considered to have assumed responsibility for prosecuting the subpoena before the court; the DOJ handles enforcement actions.

Under 2200.65(b), you may leave a copy of the subpoena at the person’s residence with a person of suitable age and discretion who resides there. See 2200.65(b).

• Ensure the person receiving the subpoena at the residence is appropriate (adult and reasonably responsible).

Under 2200.65(a), before a case is assigned to a Judge, subpoena applications must be filed with the Executive Secretary at One Lafayette Centre (address in the rule); after assignment, applications must be filed with the Judge. See 2200.65(a).

• Filing location matters for timely processing, so confirm assignment status before filing.