[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: 33CFR20.609]



[Page 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. 20.609  Motions to quash or modify.



    (a) A person to whom a subpoena is directed may, by motion with 

notice to the party requesting the subpoena, ask the ALJ to quash or 

modify the subpoena.

    (b) Except when made at a hearing, the motion must be filed:

    (1) 10 days or less after service of a subpoena compelling the 

appearance and testimony of a witness or the production of evidence or

    (2) At or before the time specified in the subpoena for compliance, 

whichever is earlier.

    (c) If the subpoena is served at a hearing, the person to whom it is 

directed may, in person at the hearing or in writing within a reasonable 

time fixed by the ALJ, ask the ALJ to quash or modify it.

    (d) The ALJ may quash or modify the subpoena if it is unreasonable 

or requires evidence not relevant to any matter in issue.