[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

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

[CITE: 25CFR11.311]



[Page 27-28]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

                      Subpart C_Criminal Procedure

 

Sec.  11.311  Subpoenas.



    (a) Upon request of any party, the court shall issue subpoenas to 

compel the testimony of witnesses, or the production of books, records, 

documents or any other physical evidence relevant to the determination 

of the case and not an undue burden on the person possessing the 

evidence. The clerk of the court may act on behalf of the court and 

issue subpoenas which have been signed either by the clerk of the court 

or by a magistrate of the Court of Indian Offenses and which are to be 

served within Indian country over which the Court of Indian Offenses has 

jurisdiction.

    (b) A subpoena shall bear the signature of the chief magistrate of 

the Court of Indian Offenses, and it shall state the name of the court, 

the name of the person or description of the physical evidence to be 

subpoenaed, the title of the proceeding, and the time and place where 

the witness is to appear or the evidence is to be produced.

    (c) A subpoena may be served at any place but any subpoena to be 

served



[[Page 28]]



outside of the Indian country over which the Court of Indian Offenses 

has jurisdiction shall be issued personally by a magistrate of the Court 

of Indian Offenses.

    (d) A subpoena may be served by any law enforcement officer or other 

person appointed by the court for such purpose. Service of a subpoena 

shall be made by delivering a copy of it to the person named or by 

leaving a copy at his or her place of residence or business with any 

person 18 years of age or older who also resides or works there.

    (e) Proof of service of the subpoena shall be filed with the clerk 

of the court by noting on the back of the subpoena the date, time and 

place that it was served and noting the name of the person to whom it 

was delivered. Proof of service shall be signed by the person who 

actually served the subpoena.

    (f) In the absence of a justification satisfactory to the court, a 

person who fails to obey a subpoena may be deemed to be in contempt of 

court and a bench warrant may be issued for his or her arrest.