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September 17, 2008         DOL Home > OALJ Home   

How do I obtain a subpoena?

To obtain a subpoena, follow the procedures stated on the Subpoena Page. Please note that OALJ subpoenas may only be used in cases before the United States Department of Labor in which OALJ has lawful authority to issue subpoenas.

Notice against improper use of subpoenas: A party or an attorney responsible for the issuance and service of an administrative subpoena must adhere to the following principles:

(1) the subpoena must be issued for a lawful purpose within the statutory authority of the issuing agency;
(2) the documents requested must be relevant to that purpose; and
(3) the subpoena demand must be reasonable and not unduly burdensome.

Misuse of subpoenas may result in sanctions, including dismissal of the case, under 29 C.F.R. §§ 18.6(d)(2), 18.29, 18.34(g)(3), 18.36. See also Fed. R. Civ. P. 45(c)(1).

Moreover, when you request subpoenas from this office you are representing that the subpoenas will be used in an administrative proceeding before OALJ or OWCP. Federal criminal statutes provide penalties of up to $10,000 and/or imprisonment of up to 5 years for knowing and willful submission of false statements to the Federal Government. 18 U.S.C. 1001; see also 18 U.S.C. 1546. Thus, do NOT attempt to serve subpoenas obtained from OALJ for uses other than in a case pending before OALJ or OWCP in which you are an attorney or authorized representative of a party, or are proceeding pro se.

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