1. A. Form. A party shall request a subpoena in writing from the administrative law judge and shall include:

   1. 1. The caption and docket number of the matter;
   2. 2. A list or description of any documents sought;
   3. 3. The full name and home or business address of the custodian of the documents sought or all persons to be subpoenaed;
   4. 4. The date, time, and place to appear or to produce documents pursuant to the subpoena; and
   5. 5. The name, address, and telephone number of the party, or the party’s attorney, requesting the subpoena.
2. B. An Administrative Law Judge may require a brief statement of the relevance of testimony or documents.
3. C. Service of subpoena. Any person who is not a party and is at least 18 years of age may serve a subpoena. The person shall serve the subpoena by delivering a copy to the person to be served. The person serving the subpoena shall provide proof of service by filing with the office a certified statement of the date and manner of service and the names of the persons served.
4. D. Objection to subpoena. A party, or the person served with a subpoena who objects to the subpoena, or any portion of it, may file an objection with the administrative law judge. The objection shall be filed within 5 days after service of the subpoena, or at the outset of the hearing if the subpoena is served fewer than 5 days before the hearing.

5. E. Quashing, modifying subpoenas. The administrative law judge shall quash or modify the subpoena if:

   1. 1. It is unreasonable or oppressive, or
   2. 2. The desired testimony or evidence may be obtained by an alternative method.

Historical Note

Section adopted by final rulemaking at 5 A.A.R. 563, effective February 3, 1999 (Supp. 99-1).