(a) General rules.
(1) Any party may apply to the ALJ for
the issuance of a document discovery subpoena addressed to any person
who is not a party to the proceeding. The application must contain
a proposed document subpoena and a brief statement showing the general
relevance and reasonableness of the scope of documents sought. The
subpoenaing party must specify a reasonable time, place, and manner
for making production in response to the document subpoena.
8-069.1
(2) A party may apply for a document subpoena
under this section only within the time period during which such party
could serve a discovery request under section 263.24(d). The party
obtaining the document subpoena is responsible for serving it on the
subpoenaed person and for serving copies on all parties. Document
subpoenas may be served in any state, territory, or possession of
the United States, the District of Columbia, or as otherwise provided
by law.
8-069.2
(3) The ALJ will promptly
issue any document subpoena requested pursuant to this section. If
the ALJ determines that the application does not set forth a valid
basis for the issuance of the subpoena, or that any of its terms are
unreasonable, oppressive, excessive in scope, or unduly burdensome,
the ALJ may refuse to issue the subpoena or may issue it in a modified
form upon such conditions as may be consistent with the uniform rules.
8-069.3
(b) Motion to quash or modify.
(1) Any person to whom a document subpoena
is directed may file a motion to quash or modify such subpoena with
the ALJ. The motion must be accompanied by a statement of the basis
for quashing or modifying the subpoena. The movant must serve the
motion on all parties, and any party may respond to such motion within
ten days of service of the motion.
(2) Any motion to quash or modify a document
subpoena must be filed on the same basis, including the assertion
of privilege, upon which a party could object to a discovery request
under section 263.25(d), and during the same time limits during which
such an objection could be filed.
8-069.4
(c) Enforcing document subpoenas. If a subpoenaed
person fails to comply with any subpoena issued pursuant to this section
or any order of the ALJ, which directs compliance with all or any
portion of a document subpoena, the subpoenaing party or any other
aggrieved party may, to the extent authorized by applicable law, apply
to an appropriate United States district court for an order requiring
compliance with so much of the document subpoena as the ALJ has not
quashed or modified. A party’s right to seek court enforcement
of a document subpoena will in no way limit the sanctions that may
be imposed by the ALJ on a party who induces a failure to comply with
subpoenas issued under this section.
