FCC 1.333 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.333 Requests for issuance of subpena.
(a) Unless submitted on the record while a hearing is in progress,
requests for a subpena ad testificandum shall be submitted in writing.
(b) Requests for a subpena duces tecum shall be submitted in writing,
duly subscribed and verified, and shall specify with particularity the
books, papers, and documents desired and the facts expected to be
proved thereby. Where the subpena duces tecum request is directed to a
nonparty to the proceeding, the presiding officer may issue the same,
upon request, without an accompanying subpena to enforce a notice to
take depositions, provided for in paragraph (e) of this section, where
it appears that the testimony of said person is not required in
connection with the subpena duces tecum.
(c) All requests for subpenas shall be supported by a showing of the
general relevance and materiality of the evidence sought.
(d) Requests for subpenas shall be submitted in triplicate, but need
not be served on the parties to the proceeding.
(e) Requests for issuance of a subpena ad testificandum to enforce a
notice to take depositions shall be submitted in writing. Such requests
may be submitted with the notice or at a later date. The request shall
not be granted until the period for the filing of motions opposing the
taking of depositions has expired or, if a motion has been filed, until
that motion has been acted on. Regardless of the time when the subpena
request is submitted, it need not be accompanied by a showing that
relevant and material evidence will be adduced, but merely that the
person will be examined regarding a nonprivileged matter which is
relevant to the hearing issues. The subpena request may ask that a
subpena duces tecum be contemporaneously issued commanding the person
to whom it is directed to produce designated books, papers, documents,
or tangible things which constitute or contain evidence relating to any
of the matters within the scope of the examination permitted by
§ 1.311(b) but in that event the subpena request will be subject to the
provisions of § 1.313 and paragraph (b) of this section.
(f) Requests for issuance of a subpena duces tecum to enforce an order
for the production of documents and things for inspection and copying
under § 1.325 may be submitted with the motion requesting the issuance
of such an order. Regardless of the time when the subpena request is
submitted, it need not be accompanied by a showing that relevant and
material evidence will be adduced, but merely that the documents and
things to be examined contain nonprivileged matter which is relevant to
the subject matter of the proceeding.
[ 28 FR 12425 , Nov. 22, 1963, as amended at 33 FR 466 , Jan. 12, 1968; 47 FR 51873 , Nov. 18, 1982]
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