[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.38]

[Page 85-86]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                Subpart D--Discovery, Compulsory Process
 
Sec.  1025.38  Subpoenas.

    (a) Availability. A subpoena shall be addressed to any person not a 
party for the purpose of compelling attendance, testimony, and 
production of documents at a hearing or deposition, and may be addressed 
to any party for the same purposes.

[[Page 86]]

    (b) Form. A subpoena shall identify the action with which it is 
connected; shall specify the person to whom it is addressed and the 
date, time, and place for compliance with its provisions; and shall be 
issued by order of the Commission and signed by the Secretary or by the 
Presiding Officer. A subpoena duces tecum shall specify the books, 
papers, documents, or other materials or data-compilations to be 
produced.
    (c) How obtained--(1) Content of application. An application for the 
issuance of a subpoena, stating reasons, shall be submitted in 
triplicate to the Presiding Officer. The Presiding Officer shall bring 
the application to the attention of the Commission by forwarding it or 
by communicating its contents by any other means, e.g., by telephone, to 
the Commission.
    (2) Procedure for application. The original and two copies of the 
subpoena, marked ``original,'' ``duplicate'' and ``triplicate,'' shall 
accompany the application. The Commission shall rule upon an application 
for a subpoena ex parte, by issuing the subpoena or by issuing an order 
denying the application.
    (d) Issuance of a subpoena. The Commission shall issue a subpoena by 
authorizing the Secretary or the Presiding Officer to sign and date each 
copy in the lower right-hand corner. The ``duplicate'' and 
``triplicate'' copies of the subpoena shall be transmitted to the 
applicant for service in accordance with these Rules; the ``original'' 
shall be retained by, or be forwarded to, the Secretary for retention in 
the docket of the proceedings.
    (e) Service of a subpoena. A subpoena may be served in person or by 
registered or certified mail, return receipt requested, as provided in 
Sec.  1025.16(b) of these rules. Service shall be made by delivery of 
the signed ``duplicate'' copy to the person named therein.
    (f) Return of service. A person serving a subpoena shall promptly 
execute a return of service, stating the date, time, and manner of 
service. If service is effected by mail, the signed return receipt shall 
accompany the return of service. In case of failure to make service, a 
statement of the reasons for the failure shall be made. The 
``triplicate'' copy of the subpoena, bearing or accompanied by the 
return of service, shall be returned without delay to the Secretary 
after service has been completed.
    (g) Motion to quash or limit subpoena. Within five (5) days of 
receipt of a subpoena, the person to whom it is directed may file a 
motion to quash or limit the subpoena, setting forth the reasons why the 
subpoena should be withdrawn or why it should be limited in scope. Any 
such motion shall be answered within five (5) days of service and shall 
be ruled on immediately. The order shall specify the date, if any, for 
compliance with the specifications of the subpoena.
    (h) Consequences of failure to comply. In the event of failure by a 
person to comply with a subpoena, the Presiding Officer may take any of 
the actions enumerated in Sec.  1025.37 of these rules, or may order any 
other appropriate relief to compensate for the withheld testimony, 
documents, or other materials. If in the opinion of the Presiding 
Officer such relief is insufficient, the Presiding Officer shall certify 
to the Commission a request for judicial enforcement of the subpoena.