[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.23]

[Page 325-326]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.23  Subpoenas.

    (a) Requests for the issuance of subpoenas requiring the attendance 
and testimony of witnesses or the production of documents or other 
evidence under 21 U.S.C. 875 and 876 shall be filed with the Judge. 
Subpoenas are not ordinarily required to obtain the attendance of 
federal employees as witnesses, but such testimony shall be sought first 
by filing a request with the United States Attorney.
    (b) Requests for subpoenas shall be filed with the Judge in writing 
and shall specify with particularity the books, papers, or testimony 
desired,

[[Page 326]]

supported by a showing of general relevance and reasonable scope, and a 
statement of the facts expected to be proven thereby. Such request shall 
specify any documents to be produced and shall designate the witnesses 
and describe the address and location thereof with sufficient 
particularity to permit such witnesses or documents to be found.
    (c) A party seeking a subpoena for the attendance of a witness at a 
hearing shall file a written request therefor not less than fifteen (15) 
days before the date fixed for the hearing unless otherwise allowed by 
the Judge upon a showing of good cause.
    (d) The subpoena shall specify the time and place at which the 
witness is to appear and any documents the witness is to produce.
    (e) Unless otherwise ordered by the Judge, the party seeking the 
subpoena is responsible for service of the subpoena. A subpoena may be 
served by any person at least eighteen (18) years of age who is not a 
party, including a private process server or other person authorized to 
serve process in actions brought in state courts of general jurisdiction 
or in Federal courts. Service shall be by personal delivery. Proof of 
service shall be made by affidavit of the person serving a subpoena 
entered on a true copy of the subpoena.
    (f) A party or the individual to whom the subpoena is directed may 
file with the Judge a motion to quash the subpoena within ten (10) days 
after service of the subpoena, or on or before the time specified in the 
subpoena for compliance if it is less than ten (10) days after service.
    (g) Upon failure of any person to comply with a subpoena issued by 
the Judge, the Attorney General, in the name of the Judge, but on 
relation of the party, shall institute proceedings in the appropriate 
district court for the enforcement of the subpoena, unless the 
enforcement of the subpoena would be inconsistent with law. Neither the 
Attorney General nor the Judge shall be deemed thereby to have assumed 
responsibility for prosecution of the same before the court.