[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR20.608]



[Page 82-83]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 

ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents

 

                           Subpart F_Discovery

 

Sec. 20.608  Subpoenas.



    (a) Any party may request the ALJ to issue a subpoena for the 

attendance of a person, the giving of testimony, or the production of 

books, papers, documents, or any other relevant evidence during 

discovery or for any hearing. Any party seeking a subpoena from the ALJ 

shall request its issuance by motion.

    (b) An ALJ may, for good cause shown, apply to the United States 

District Court for the issuance of an order compelling the appearance 

and testimony of a witness or the production of evidence.

    (c) A person serving a subpoena shall prepare a written statement 

setting forth either the date, time, and manner



[[Page 83]]



of service or the reason for failure of service. He or she shall swear 

to or affirm the statement, attach it to a copy of the subpoena, and 

return it to the ALJ who issued the subpoena.

    (d) Coast Guard investigating officers have separate subpoena power 

in S&R proceedings under 46 CFR 5.301.