1. A. A party may request a presiding administrative law judge to issue a subpoena to compel the appearance of a non-medical witness by filing a written request with the presiding administrative law judge at least 10 days before the date of the first scheduled hearing.
2. B. A party may request a presiding administrative law judge to issue a subpoena to compel the appearance of an expert medical witness by filing a written request with the presiding administrative law judge at least 20 days before the date of the first scheduled hearing.
3. C. The presiding administrative law judge may order the party requesting a subpoena to file within five days of the order a written statement summarizing the substance of the testimony expected of the witness.

4. D. A presiding administrative law judge shall issue a subpoena requested under this Section if the judge determines that the testimony of the witness is material and necessary and, if applicable:

   1. 1. The party files a timely statement under subsection (C); or
   2. 2. The party shows at or before the first scheduled hearing that good cause exists for the party’s failure to respond timely to the judge’s order under subsection (C).

5. E. The Commission may serve a subpoena by mail unless the party requesting the subpoena requests personal service. If a party requests personal service of a subpoena, the Commission shall prepare the subpoena and the party requesting personal service shall:

   1. 1. Ensure that the subpoena is served in the same manner as in a civil action; and
   2. 2. Pay all expenses of the service.

6. F. If a party timely requested a subpoena for a witness who fails to appear at a scheduled hearing, the presiding administrative law judge may grant a continued hearing if the party requesting the subpoena demonstrates that:

   1. 1. The testimony of the witness is material and necessary, and
   2. 2. Good cause is shown as to why the witness failed to appear.
7. G. If a non-medical witness requests a witness fee, the party requesting the subpoena shall pay the non-medical witness fees and mileage provided for witnesses in civil actions in the Superior Court. If more than one party subpoenas the same witness, the parties shall divide the witness fee equally.
8. H. The Commission shall pay the witness fee to a medical witness under the Commission’s medical fee schedule after the presiding administrative law judge approves the fee.
9. I. A presiding administrative law judge shall not consider or place into evidence a timely filed physician’s report authored by a physician residing outside Arizona if a party files an objection to that report at least 20 days before the scheduled hearing, unless the party submitting the report produces the author for cross-examination either at the hearing or at a deposition. Nothing in R20-5-211(G) precludes a party from taking or submitting into evidence a deposition of a physician taken under this subsection. The party submitting into evidence a report of an out-of-state physician shall pay the expenses of a deposition taken under this subsection.
10. J. A presiding administrative law judge shall not consider or place into evidence a timely filed document prepared by a non-medical witness who resides outside Arizona if a party files an objection to that document at least seven days before the scheduled hearing unless the party submitting the document produces the author for cross-examination either at the hearing or at a deposition. Nothing precludes a party from taking or submitting into evidence a deposition within the time limits set by a presiding administrative law judge. The party submitting into evidence a document prepared by an out-of-state non-medical witness shall pay the expenses of a deposition taken under this subsection.
11. K. If a presiding administrative law judge approves, the testimony of a party’s out-of-state non-medical or expert medical witness may be taken telephonically or by video.

Historical Note

Former Rule IX. Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). R20-5-209 recodified from R4-13-209 (Supp. 95-1). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4). New Section R20-5-209 renumbered from R20-5-141 and amended by final rulemaking at 31 A.A.R. 4199 (October 31, 2025), effective December 6, 2025 (Supp. 25-4).