Cal. Code Regs. Tit. 2, § 59.3 - Subpoenas
(a) Licensed
members of the California State Bar in a representative capacity, may issue
subpoenas and subpoenas duces tecum to compel attendance of an individual at a
hearing or production of an item at any reasonable place and time, so long as
the individual being served does not reside more than 100 miles from the
location where the hearing or investigation is to be held, or more than 100
miles from the location where the witness testifies or is interviewed if
testimony or a statement is taken electronically pursuant to section
58.6, whichever applies.
(1) If a witness resides more than 100 miles
from the hearing location, the party intending to serve the subpoena must
submit an affidavit or a declaration attesting to the materiality of the
witness to the Chief ALJ or his or her designee.
(b) Subpoenas and subpoenas duces tecum
issued pursuant to (a)(1), or at the request of a person not licensed as a
member of the State Bar, shall be issued by the Chief ALJ or his or her
designee.
(c) Subpoenas and
subpoenas duces tecum issued under this section shall be on a form provided by
the board, (SPB-76, Revised 12/09), attached as Appendix "A" to these
regulations.
(d) A person served
with a subpoena or subpoena duces tecum may object to its terms by a motion for
a protective order and/or for a motion to quash. The motion shall be made
within 15 days after receipt of the subpoena.
(e) Witness fees are to be remitted pursuant
to Government Code section
18674.
Notes
2. Amendment of subsection (c) filed 10-21-2010; operative 10-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
3. Amendment of subsections (a)-(a)(1) and (c) filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).
Note: Authority cited: Section 18701, Government Code. Reference: Sections 18672 through 18675, Government Code.
2. Amendment of subsection (c) filed 10-21-2010; operative 10-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
3. Amendment of subsections (a)-(a)(1) and (c) filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).
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