C.F.R. » Title 7 » PART 1—ADMINISTRATIVE REGULATIONS › Subpart H—Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes

7 C.F.R. § 1.149

Subpoenas. 3

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3 This section relates only to subpoenas for the stated purpose and has no relevance with respect to investigatory subpoenas.

(a) Issuance of subpoenas. The attendance and testimony of witnesses and the production of documentary evidence from any place in the United States on behalf of any party to the proceeding may be required by subpoena at any designated place of hearing if authorized by the statute under which the proceeding is conducted. Subpoenas shall be issued by the Judge upon a reasonable showing by the applicant of the grounds and necessity thereof; and with respect to subpoenas for the production of documents, the request shall also show their competency, relevancy, and materiality. All requests for subpoenas shall be in writing, unless waived by the Judge for good cause shown. Except for good cause shown, requests for subpoenas shall be received by the Judge at least 10 days prior to the date set for the hearing.

(b) Service of subpoenas. Subpoenas may be served by any person not less than 18 years of age. The party at whose instance a subpoena is issued shall be responsible for service thereof. Subpoenas shall be served as provided in § 1.147.

[42 FR 743, Jan. 4, 1977, as amended at 55 FR 30674, July 27, 1990; 60 FR 8457, Feb. 14, 1995; 68 FR 6341, Feb. 7, 2003]
Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Dean Reed, Doing Bus. as Dean Reed Cattle Co., Pete Donathan v. United States Dep't of Agric., 39 F.3d 1192 (10th Cir. 1994).
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Dean Reed, Doing Bus. as Dean Reed Cattle Co., Pete Donathan v. United States Dep't of Agric., 39 F.3d 1192 (10th Cir. 1994). “We find this argument unpersuasive as neither side can compel testimony under the Rules of Practice unless authorized by statute, 7 C.F.R. 1.149(a) (1994); the Cattle Contagious Diseases Act does not authorize such subpoena power.”
— 7 C.F.R. § 1.149(a) — 1 case
Dean Reed, Doing Bus. as Dean Reed Cattle Co., Pete Donathan v. United States Dep't of Agric., 39 F.3d 1192 (10th Cir. 1994). “We find this argument unpersuasive as neither side can compel testimony under the Rules of Practice unless authorized by statute, 7 C.F.R. 1.149(a) (1994); the Cattle Contagious Diseases Act does not authorize such subpoena power.”
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