Subpoenas

The Presiding Officer may issue, vacate, modify and enforce subpoenas requiring the attendance and testimony of witnesses and/or the production of documents or other evidence in accordance with the following provisions. (1) Issuance. A subpoena may be issued in the name of the Authority by the Presiding Officer, for the purposes of discovery and depositions of a non-party witness, only upon motion to all Parties and to the proposed non-party witness, after satisfaction of the conditions required for the taking of a deposition of a Party under the provisions of 360 CMR 1.22(4)(b) and upon a showing that the information cannot be reasonably obtained by any other means of discovery or from any other source other than the non-party. A subpoena may be issued in the name of the Authority by the Presiding Officer, for purposes of providing testimony or evidence at any hearing, only upon motion to all Parties and, as applicable, to any proposed non-party witness. The motion shall demonstrate, with particularity, the need for the particular witnesses’ testimony, the connection between the witnesses’ personal knowledge and the factual disputes in the proceeding, the reason that the evidence cannot be adduced through stipulation or through other witnesses more competent and/or percipient than the person as to whom a subpoena is sought, and such other information as will assist the Presiding Officer in a determination that the evidence sought to be adduced through the witness will not be unduly duplicative of other evidentiary sources not requiring subpoenaed testimony, and that the subpoena is not sought for purposes of harassment or oppression. A subpoena, whether for purposes of discovery or a hearing, shall be subject to such terms and scope as the Presiding Officer may deem appropriate. Every subpoena shall show on its face the name and address of the requesting Party. The Authority may prescribe the form of subpoena but, insofar as practicable, such form shall adhere to the form used in civil cases before the state courts of Massachusetts. (2) Subpoena for Attendance of Witness. A subpoena commanding the person to whom it is directed shall direct said person to attend and give testimony at a time and place specified, which may include attendance at a hearing. A subpoena for the taking of a deposition, and the place of such deposition, shall comply with the requirements of Massachusetts Rule of Civil Procedure 45(d). (3) Subpoena for Production of Documentary Evidence. A subpoena, if and as authorized by the Presiding Officer, may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein. (4) Motion to Quash, Vacate or Modify After Issuance. The person as to whom a subpoena, authorized by the Presiding Officer, has been directed or a Party on his or her behalf, may, within a reasonable period, file a written motion to quash, vacate or modify the subpoena if either believes that the scope of the subpoena, as authorized, has been exceeded or any other terms thereof have not been observed. The Party who received authorization for the subpoena shall be given prompt notice of the motion. The Presiding Officer may grant such a motion in whole or in part upon a finding that the testimony, or the evidence whose production is requested, is beyond the original permitted scope of the subpoena, or has not been implemented in accordance with the original terms thereof. The Presiding Officer may enter such other order upon such motion as is deemed to be appropriate in the circumstances. (5) Costs. A witness who is not a Party and is summoned to appear at a hearing or deposition shall be paid the same fees for attendance and travel as required by in civil cases before Massachusetts state courts. The requesting Party shall pay all costs involved with the subpoena, including fees for attendance and travel, except that where the subpoena is issued on behalf of the Authority as a Party, fees and travel costs need not be tendered. (6) Failure to Comply with a Subpoena. If any person fails to comply with an authorized subpoena issued in the name of the Authority which has not been quashed or vacated by the Presiding Officer, the Party who requested the subpoena may, pursuant to M.G.L. c. 30A, § 12(5), apply to the Superior Court for an order requiring the attendance of such person as required by the subpoena and the giving of testimony or production of evidence. Any person failing to obey the court's order may be punished by the court for contempt pursuant to M.G.L. c. 30A, § 12(5).