Iowa Admin. Code r. 191-3.14 - Subpoenas
(1) A subpoena
shall be issued by the presiding officer at a party 's request.
a. A request for a subpoena must be in
writing and submitted to the presiding officer or designated filing clerk by
mail, email, or in-person delivery in accordance with the filing requirements
of rule 191-3.12 (17A).
b. The
request shall include the names of the parties, the case number, the name and
address of the requested witness, and a description or list of any documents or
other items requested. The request shall also note the nature of the proceeding
at which the witness is requested to testify (e.g., deposition, telephone
hearing, or in-person hearing), the date and time of the proceeding, whether
the witness is requested to appear in person or by telephone, the location of
the proceeding, and the method of recording any deposition.
c. In the absence of good cause for
permitting later action, a request for a subpoena must be received at least ten
days before the scheduled proceeding.
(2) The requesting party is responsible for
arranging service of a subpoena prior to the proceeding at which the testimony
is commanded or the time at which the requested documents must be produced. The
requesting party is responsible for any cost associated with serving a subpoena
and for the payment of witness fees and mileage expenses. Subpoenaed witnesses
shall be entitled to receive witness fees for attendance, paid pursuant to Iowa
Code section 622.69, and mileage shall be
paid for each mile actually traveled for a subpoenaed witness to participate in
an in-person hearing or deposition pursuant to Iowa Code section
622.69. Witnesses called to
testify only to an opinion founded on special study or experience in any branch
of science, or to make scientific or professional examinations and state the
result thereof, may receive additional compensation, to be fixed by the
presiding officer , with reference to the value of the time employed and the
degree of learning or skill required, but such additional compensation shall
not exceed the sum set forth in Iowa Code section
622.72.
(3) The presiding officer may quash or modify
a subpoena upon motion as provided in the Iowa Rules of Civil Procedure. A
motion to quash or modify a subpoena shall be promptly set for
hearing.
Notes
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