§ 962.13 (Rule 13) Subpoenas.

(a) General. A subpoena may be issued either on the written request of either party or on the Presiding Officer's own initiative. A subpoena may require:

(1) The deposition of a witness in the city or county where the witness resides, is employed, transacts business in person, or at another location convenient for the witness that is specifically determined by the Presiding Officer;

(2) The testimony of a witness at a hearing; or,

(3) The production of documents, electronically stored information, and tangible things, and as appropriate, the appearance of a witness or custodian of such items designated in the subpoena at a deposition or hearing.

(b) Voluntary cooperation. Each party is expected to:

(1) Cooperate and make available witnesses and evidence under its control as requested by the other party, without issuance of a subpoena; and

(2) Secure voluntary attendance of desired third-party witnesses, documents, electronically stored information, and tangible things whenever possible.

(c) Requests for subpoenas.

(1) A request for a subpoena must normally be filed at least:

(i) 15 days before a scheduled deposition of a witness or production by a witness or custodian of documents, electronically stored information, and tangible things; and

(ii) 30 days before a scheduled hearing.

(2) A request for a subpoena must state the reasonable scope and general relevance to the case of the testimony and of any documents, electronically stored information, and tangible things sought.

(3) The Presiding Officer may honor requests for subpoenas not made within the time limitations specified in this paragraph (c) for good cause shown.

(d) Requests to quash or modify. Upon written request by the person subpoenaed or by a party, made within 10 days after service but, in any event not later than the time specified in the subpoena for compliance, the Presiding Officer may:

(1) Quash or modify the subpoena if it is unreasonable or oppressive. The Presiding Officer may also quash or modify for other good cause shown.

(2) Require the person in whose behalf the subpoena was issued to advance the reasonable cost of complying with the subpoena. Where circumstances require, the Presiding Officer may act on such a request at any time after a copy has been served on the opposing party.

(e) Form and issuance.

(1) Every subpoena for the appearance of a witness must:

(i) State the title of the proceeding;

(ii) Cite 31 U.S.C. 3804(b) as the authority under which it is issued;

(iii) List the time and place of the deposition or hearing; and

(iv) Command each person to whom it is directed to attend and give testimony, and if appropriate, to produce specified documents, electronically stored information, and tangible things at a time and place specified.

(2) The Presiding Officer issuing the subpoena may enter the name of the witness and otherwise leave the subpoena blank. The requesting party must then fill in the remaining information before serving the subpoena.

(3) If the witness is located in a foreign country, a letters rogatory, letter of request, or subpoena may be issued and served as provided in 28 U.S.C. 1781-84.

(f) Service.

(1) The requesting party must arrange for service.

(2) A subpoena requiring the attendance of a witness at a deposition or hearing may be served at any place. A subpoena may be served by a United States marshal or deputy marshal, or by any other person who is not a party and not less than 18 years of age. Service of a subpoena on a person must be made by personally delivering a copy to that person and tendering the fees for one day's attendance and the mileage provided by 28 U.S.C. 1821 or other applicable law.

(3) The requesting party is responsible for the payment of fees and mileage of the witness and of the serving officer. The failure to pay such charges on demand may be deemed by the Presiding Officer as a sufficient ground to strike the testimony of the witness and any evidence the witness has produced.