Subpoenas Witness Fees and Sanctions

Subpoenas Witness Fees and Sanctions. (a) For Attendance of Witnesses: Forms; Issuance. Every subpoena shall be issued by the Commission Secretary or as provided in Miss. Code Ann. Section 71-3-61, under the seal of the Commission, shall state the name of the Commission and the title of the claim, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The Commission Secretary shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed, but otherwise in blank, to a party requesting it, who shall fill it in before service. The Commission’s official subpoena forms, signed and sealed but otherwise in blank, may be printed from the Commission website. (b) For Production of Documentary Evidence. (1) A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; and in such cases, the party to whom the subpoena is directed is entitled to be reimbursed by the requesting party for the reasonable costs of producing the things subpoenaed; but the Commission or Administrative Judge, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition the denial of the motion upon the advance by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. The subpoena duces tecum form, signed and sealed by the Commission Secretary but otherwise in blank, may be printed from the Commission website. (2) A subpoena issued pursuant to subparagraph (b)(1) of this Rule may compel the production of books, papers, documents, or tangible things by the person in possession, custody, or control thereof without the necessity that such person be deposed. (3) Unless for good cause shown the Commission or Administrative Judge enlarges or shortens the time, a subpoena issued pursuant to subparagraph (b)(1) of this Rule shall allow not less than ten (10) days for the person upon whom it is served to produce the books, papers, documents, or tangible things therein specified. A copy of all such subpoenas shall be served forthwith upon counsel for all opposite parties. (c) Service. A subpoena may be served by the sheriff, by his deputy, or by any person who is not a party and is not less than eighteen (18) years of age; and his return endorsed thereon shall be prima facie proof of service, or the witness may acknowledge service in writing on the subpoena. Service of the subpoena shall be executed upon the witness personally. (d) Subpoena for Taking Depositions; Place of Examination. (1) Proof of service of a notice to take deposition as provided in Rules 30(b) and 31(a) of the Mississippi Rules of Civil Procedure constitutes a sufficient authorization for the issuance by the Commission Secretary of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(b) of the Mississippi Rules of Civil Procedure, but in that event the subpoena will be subject to the provisions of Rule 26(b) and subdivision (b)(1) of this Rule. The subpoena for taking deposition form, signed and sealed by the Commission Secretary but otherwise in blank, may be printed from the Commission website. (2) The person to whom the subpoena is directed may within ten (10) days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten (10) days after service serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the material except pursuant to an order of the Commission or Administrative Judge and the party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition. (3) A resident of the State of Mississippi may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the Commission or Administrative Judge. A nonresident of this state subpoenaed within this state may be required to attend only in the county wherein he is served, or at a place within this state not more than forty (40) miles from the place of service, or at such other convenient place as is fixed by an order of the Commission or Administrative Judge. (e) Subpoena for a Hearing or Trial. At the request of any party subpoenas for attendance at a hearing or trial shall be issued by the Secretary of the Commission, if available, otherwise by a Commissioner or an Administrative Judge. The subpoena of witness form, signed and sealed by the Commission Secretary but otherwise in blank, may be printed from the Commission website. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state. (f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be certified to the proper Circuit Court for contempt proceedings by the Commission. (g) Sanctions. On motion of a party or of the person upon whom a subpoena for the production of books, papers, documents, or tangible things is served and upon a showing that the subpoena power is being exercised in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the party or the person upon whom the subpoena is served, the Commission may order that the subpoena be quashed and may enter such further orders as justice may require to curb abuses of the power granted under this Rule. To this end, the Commission or Administrative Judge may award to the successful movant attorney’s fees and expenses for challenging the subpoena and may order that they be paid directly by the attorney who caused the issuance of such subpoena. (h) Witness Fees. Witnesses subpoenaed to appear in proceedings before the Commission shall receive a witness fee of Twenty Five Dollars ($25.00) per day plus mileage at the rate authorized by Mississippi Workers’ Compensation Commission General Rule 1.14. The Commission or Administrative Judge may allow the payment from the Administrative Expense Fund of said fees and mileage to witnesses, other than expert medical witnesses, subpoenaed at the request of claimants. The Commission may at its discretion suspend or eliminate payment for expert medical witness fees as provided herein without notice. Inasmuch as the Administrative Expense Fund is funded by assessments against the carriers writing compensation insurance in the state and self-insurers, as provided by Miss. Code Ann. Section 71-3-99, and inasmuch as the application, computation, requisition, and disbursement of payments of fees and mileage for witnesses or carriers and self-insurers result in additional expense which ultimately must be borne by them, said carriers and self-insurers are, therefore, required to pay said fees and mileage directly to each witness subpoenaed at their request. It is not intended that carriers and self-insurers shall pay fees and mileage, if payment of same is ordered to be paid by claimant pursuant to Miss. Code Ann. Section 71-3-59 of the Act. This Rule shall be in force and effect on and after January 18, 2018.