246 Pa. Code § 214 - Subpoena; Issuance; Service
A.
Magisterial district judges may issue subpoenas throughout the Commonwealth.
Magisterial district judges shall not issue subpoenas in blank.
B. Upon the request of a party proceeding
pro se, the authorized representative of a party, or an
attorney of record, the magisterial district judge may issue a subpoena signed
and under the seal of the magisterial district judge. The magisterial district
judge shall specify in the subpoena the name and address for service of the
person subpoenaed; the name of the party on whose behalf the person is being
ordered to testify; the date, time, and place at which the person is to appear;
and a description of the documents or things that the person is to produce, if
any.
(1) The party, authorized representative,
or attorney of record requesting the subpoena shall provide the magisterial
district court with the information required in paragraph (B).
(2) If the subpoena is to be issued, the
magisterial district court shall fill in the information provided and return it
to the requestor for service.
C. A subpoena may be served upon any person
within the Commonwealth by a competent adult
(1) by handing a copy to the person;
or
(2) by handing a copy
(a) at the residence of the person to an
adult member of the family with whom the person resides; but if no adult member
of the family is found, then to an adult in charge of such residence;
or
(b) at the residence of the
person to the clerk or manager of the hotel, inn, apartment house, boarding
house, or other place of lodging at which the person resides; or
(c) at any office or usual place of business
of the person to the person's agent or other person for the time being in
charge thereof.
(D) The person making service of a subpoena
must file a return of service form in the magisterial district court in which
the hearing is pending within 48 hours of service, and in no event later than
the commencement of the hearing. Filing under this paragraph may be
accomplished by sending a copy by facsimile transmission.
(E) If a subpoenaed witness is under the age
of 18, the parent or guardian of the witness shall be served with a copy of the
subpoena in the same manner as prescribed in paragraph (C).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.