Subpoenas

(1) General Provisions. Subpoenas shall be issued in the name of the Commission and in accordance with M.G.L. c. 151B, § 3 and M.G.L. c. 30A, § 12, subject to the following provisions: (a) Subpoenas may require the attendance and testimony of witnesses and the production, copying, and photographing of any evidence including, but not limited to, documents, other tangible things, or electronically stored information. (b) A subpoena may be served by any person who is not a party and who is 18 years of age or older. (c) Service of a subpoena upon a person named therein shall be made by personal service. (d) When a subpoena is issued at the request of a party other than the Commission, the cost of the service as well as witness and mileage fees shall be those as in civil cases before the courts and shall be borne by the moving party. The Commission may waive such fees upon a showing of economic hardship. (e) Upon a showing of economic hardship a party may move that a subpoena be issued by the Commission, which may be issued at the discretion of the Commission. Any such motion is exempt from 804 CMR 1.13(4)(a) and (b), although it shall be served on all counsel. (f) Any party issuing a subpoena to a non-party shall give 14 days' notice to the Commission and all parties prior to service, and the subpoena may not be served pending any motion filed pursuant to 804 CMR 1.10(8) or 804 CMR 1.14(2). 804 CMR - 18.6 (g) A party may not serve subpoenas pre-probable cause unless authorized by the Commission. (h) A party may serve subpoenas post-probable cause once a discovery order has been issued. (i) Following certification to public hearing, a party may issue subpoenas compelling the attendance and testimony of witnesses and the production of documents and tangible things at public hearing. (j) All subpoenas shall identify the name and address of the party at whose request the subpoena was issued. (2) Vacation or Modification of Subpoenas. Any non party subject to subpoena, counsel for any party to the proceeding, pro se party, or counsel for the Commission may move to vacate or modify a subpoena in accordance with 804 CMR 1.13, except that non-parties are exempt from 804 CMR 1.13(4)(a) through (c). The Commission shall review the subpoena to determine whether it should be vacated or otherwise modified and issue an order. (3) Enforcement of Subpoenas. Upon the failure of any person to comply with a subpoena issued pursuant to 804 CMR 1.14 and not subsequently vacated or modified by the Commission, the Commission may, either through one of its attorneys or through a private attorney so designated, apply to the Superior Court for an order requiring compliance with the subpoena pursuant to M.G.L. c. 30A, § 12(5) and M.G.L. c. 151B, § 6. The Commission may seek an order for costs and attorney's fees from the Superior Court when enforcing subpoenas pursuant to 804 CMR 1.14(3), as well as appropriate sanctions under M.G.L. c. 151B, § 8.