How do I serve subpoenas?

The rule governing service of subpoenas is found at 29 C.F.R. § 18.34. General information about subpoenas is found on the Subpoena Page.

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.

Notice regarding expenses: A witness, other than a witness for the Federal Government, may not be required to attend a deposition or hearing unless the mileage and witness fees are paid in advance. See 29 C.F.R. § 18.24(a).

Prior Notice of Use of Subpoena in Discovery: Notice must be given pursuant to 29 C.F.R. § 18.22(c) when using a subpoena to direct appearance at a deposition. In addition, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. Fed. R. Civ. P. 30(b)(1), as made applicable by 29 C.F.R. § 18.1(a). Similarly, use of a subpoena on a third party to command production of documents and things or inspection of premises before the hearing requires prior notice to all parties prior to service of the subpoena on the nonparty. Fed. R. Civ. P. 45(b)(1), as made applicable by 29 C.F.R. § 18.1(a). See McCurdy v. Wedgewood Capital Management Co., Inc., No. Civ.A. 97-4304, 1998 WL 964185, *6 (E.D. Pa Nov. 16, 1998).

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