ADMINISTRATIVE PROCEDURES ACT OF 1969
Act 306 of 1969
24.273 Subpoenas; issuance; revocation.
Sec. 73.
An agency authorized by statute to issue subpoenas, when a written request is made by a party in a contested case, shall issue subpoenas forthwith requiring the attendance and testimony of witnesses and the production of evidence including books, records, correspondence and documents in their possession or under their control. On written request, the agency shall revoke a subpoena if the evidence, the production of which is required, does not relate to a matter in issue, or if the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the subpoena is invalid. Witness fees shall be paid to subpoenaed witnesses in accordance with section 2552 of Act No. 236 of the Public Acts of 1961, as amended, being section 600.2552 of the Compiled Laws of 1948. In case of refusal to comply with a subpoena, the party on whose behalf it was issued may file a petition, in the circuit court for Ingham county or for the county in which the agency hearing is held, for an order requiring compliance.
History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970
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Act 306
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APA
Notes of Decisions
Herald Co., Inc. v. Tax Tribunal, 669 N.W.2d 862 (Mich. Ct. App. 2003).
· cites it 2× “Additionally, MCL 24.273 of the apa states in pertinent part that [a]n agency authorized by statute to issue subpoenas, when a written request is made by a party in a contested case, *? shall issue subpoenas forthwith requiring the attendance and testimony of witnesses and the…”
Vance v. Ananich, 378 N.W.2d 616 (Mich. Ct. App. 1985).
· cites it 2× “It provides that only agencies "authorized by statute" may issue subpoenas, MCL 24.273; MSA 3.560(173). That language states quite explicitly the Legislature's intent to delimit the authority of the state's agencies to issue subpoenas.”
Friends of Crystal River v. Kuras Props., 554 N.W.2d 328 (Mich. Ct. App. 1996).
“Plaintiff next argues that the hearing referee should have given it subpoena power and that the trial court erred in failing to allow plaintiff to conduct discovery or present new evidence.”
Dep't of Soc. Servs. v. Arden, 265 N.W.2d 91 (Mich. Ct. App. 1978).
“” MCLA 24.273; MSA 3.560(173). "Sec 80. A presiding officer may: "(b) Sign and issue subpoenas in the name of the agency, requiring attendance and giving of testimony by witnesses and the production of books, papers and other documentary evidence.”
20250225_C365726_49_365726.Opn.Pdf (Mich. Ct. App. 2025).
“On motion by a party or by the person from whom discovery is sought, and on reasonable notice and for good cause shown, the court in which the action is pending may issue any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or…”
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