[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR210.32]

[Page 152-153]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
               Subpart E--Discovery and Compulsory Process
 
Sec.  210.32  Subpoenas.

    (a) Application for issuance of a subpoena--(1) Subpoena ad 
testificandum. An application for issuance of a subpoena requiring a 
person to appear and depose or testify at the taking of a deposition or 
at a hearing shall be made to the administrative law judge.
    (2) Subpoena duces tecum. An application for issuance of a subpoena 
requiring a person to appear and depose or testify and to produce 
specified documents, papers, books, or other physical exhibits at the 
taking of a deposition, at a prehearing conference, at a hearing, or 
under any other circumstances, shall be made in writing to the 
administrative law judge and shall specify the material to be produced 
as precisely as possible, showing the general relevancy of the material 
and the reasonableness of the scope of the subpoena.
    (3) The administrative law judge shall rule on all applications 
filed under paragraph (a)(1) or (a)(2) of this section and may issue 
subpoenas when warranted.
    (b) Use of subpoena for discovery. Subpoenas may be used by any 
party for purposes of discovery or for obtaining documents, papers, 
books or other physical exhibits for use in evidence, or for both 
purposes. When used for discovery purposes, a subpoena may require a 
person to produce and permit the inspection and copying of nonprivileged 
documents, papers, books, or other physical exhibits that constitute or 
contain evidence relevant to the subject matter involved and that are in 
the possession, custody, or control of such person.
    (c) Application for subpoenas for nonparty Commission records or 
personnel or for records and personnel of other Government agencies--(1) 
Procedure. An application for issuance of a subpoena requiring the 
production of nonparty documents, papers, books, physical exhibits, or 
other material in the records of the Commission, or requiring the 
production of records or personnel of other Government agencies shall 
specify as precisely as possible the material to be produced, the nature 
of the information to be disclosed, or the expected testimony of the 
official or employee, and shall contain a statement showing the general 
relevancy of the material, information, or testimony and the 
reasonableness of the scope of the application, together with a showing 
that such material, information, or testimony or their substantial 
equivalent could not be obtained without undue hardship or by 
alternative means.
    (2) Ruling. Such applications shall be ruled upon by the 
administrative law judge, and he may issue such subpoenas when 
warranted. To the extent that the motion is granted, the administrative 
law judge shall provide such terms and conditions for the production of 
the material, the disclosure of the information, or the appearance of 
the official or employee as may appear necessary and appropriate for the 
protection of the public interest.
    (3) Application for subpoena grounded upon the Freedom of 
Information Act. No application for a subpoena for production of 
documents grounded upon the Freedom of Information Act (5 U.S.C. Sec.  
552) shall be entertained by the administrative law judge.
    (d) Motion to limit or quash. Any motion to limit or quash a 
subpoena shall be filed within such time as the administrative law judge 
may allow.
    (e) Ex parte rulings on applications for subpoenas. Applications for 
the issuance of the subpoenas pursuant to the provisions of this section 
may be made ex parte, and, if so made, such applications and rulings 
thereon shall remain ex parte unless otherwise ordered by the 
administrative law judge.
    (f) Witness Fees--(1) Deponents and witnesses. Any person compelled 
to appear in person to depose or testify in response to a subpoena shall 
be paid the same mileage as are paid witnesses with respect to 
proceedings in the courts of the United States; provided, that salaried 
employees of the United States summoned to depose or testify as to 
matters related to their public employment, irrespective of the party at 
whose instance they are summoned,

[[Page 153]]

shall be paid in accordance with the applicable Federal regulations.
    (2) Responsibility. The fees and mileage referred to in paragraph 
(f)(1) of this section shall be paid by the party at whose instance 
deponents or witnesses appear. Fees due under this paragraph shall be 
tendered no later than the date for compliance with the subpoena issued 
under this section. Failure to timely tender fees under this paragraph 
shall not invalidate any subpoena issued under this section.
    (g) Obtaining judicial enforcement. In order to obtain judicial 
enforcement of a subpoena issued under paragraphs (a)(3) or (c)(2) of 
this section, the administrative law judge shall certify to the 
Commission, on motion or sua sponte, a request for such enforcement. The 
request shall be accompanied by copies of relevant papers and a written 
report from the administrative law judge concerning the purpose, 
relevance, and reasonableness of the subpoena. The Commission will 
subsequently issue a notice stating whether it has granted the request 
and authorized its Office of the General Counsel to seek such 
enforcement.