HAR §15-15-69
HAR §15-15-69. Subpoenas
Cite as Haw. Code R. § 15-15-69
(a)
Any party may file a
written motion for the issuance of a subpoena
requiring the attendance of a witness for the purpose
of taking oral testimony before the commission, which
motion shall not require a hearing.
(b)
Motions for the issuance of subpoenas duces
tecum shall:
(1)
Be in writing;
(2)
Specify the particular document or record,
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§15-15-69
or part thereof, desired to be produced;
(3)
State the reasons why the production thereof
is believed to be material and relevant to
the issues involved; and
(4)
Include a statement of the reasons why the
testimony of the witness is believed to be
material and relevant to the issues
involved.
(c)
Three original copies of the subpoenas duces
tecum shall be submitted together with the motion
filed pursuant to subsection (p).
(d)
The presiding officer, chairperson, or in
the chairperson's absence, any commissioner, may issue
subpoenas.
Subpoenas shall not be issued unless the
party requesting the subpoena has complied with this
section.
Signed and sealed blank subpoenas shall not
be issued to any person.
The name and address of the
witness shall be inserted in the original subpoena, a
copy of which shall be filed in the proceeding.
Subpoenas shall show at whose instance the subpoena
issued .
(e)
A party requesting the subpoenas shall be
responsible for service of the issued subpoenas, and
pay the witnesses summoned the same fees and mileage
as are paid witnesses in circuit courts of the State
of. Hawai 'i, and the fees and mileage shall be paid by
the party at whose instance the witness appears.
(f)
Notwithstanding any rule to the contrary,
the chairperson, a commissioner, or a duly-appointed
hearings officer may make an. oral motion to request
the issuance of a subpoena.
[Eff 10/27/86 ; am and
comp 8/1~197f· com~ 5/8/00; am and comp 11/2/2013;
comp
Ull
8 201~ ]
(Auth:
HRS §§205-1, 205-7)
(Imp:
HRS §§91-2, 92-16, 205-4)