Haw. Code R. § 5-1-50 - Subpoena of witnesses before boards

(a) If the contested case is before a board under part II of chapter 92, Hawaii Revised Statutes, witnesses may be subpoenaed as set forth below:

(1) Requests for the issuance of subpoenas, requiring the attendance of a witness for the purpose of taking oral testimony before the board shall be in writing, and shall state the reasons why the testimony of the witness is believed to be material and relevant to the issues involved. Only parties or a board member may request the issuance of a subpoena.

(2) Request for the issuance of subpoenas for the production of documents or records shall be in writing, shall specify the particular document or record, or part thereof, desired to be produced, and shall state the reasons why the production of the particular document or record is believed to be material and relevant to the issues involved. Only parties or a board member may request the issuance of a subpoena ducestecum.

(b) Subpoenas may be issued by the presiding officer. No subpoena shall be issued unless the party requesting the subpoena has complied with this section giving the name and address of the desired witness and tendering the proper witness and mileage fees. Signed and sealed blank subpoenas shall not be issued to anyone. The name and address of the witness shall be inserted in the original subpoena, a copy of which shall be filed in the proceeding. Subpoenas shall state at whose request the subpoena is issued. Requests for subpoenas shall be filed not later than three days before the scheduled hearing.

(c) Witnesses summoned shall be paid the same fees and mileage as are paid witnesses in circuit courts of the State of Hawaii and such fees and mileage shall be paid by the party at whose request the witness appears.

Notes

Haw. Code R. § 5-1-50

[Eff JAN. 16, 1993] (Auth: HRS §§ 28-10.8, 91-2) (Imp: HRS § 92-16)