[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.34]

[Page 62-63]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                 Subpart D_Discovery; Compulsory Process
 
Sec. 3.34  Subpoenas.

    (a) Subpoenas ad testificandum--(1) Prehearing. The Secretary of the 
Commission shall issue a subpoena, signed but otherwise in blank, 
requiring a person to appear and give testimony at the taking of a 
deposition to a party requesting such subpoena, who shall complete it 
before service.

[[Page 63]]

    (2) Hearing. Application for issuance of a subpoena commanding a 
person to attend and give testimony at an adjudicative hearing shall be 
made in writing to the Administrative Law Judge. Such subpoena may be 
issued upon a showing of the reasonable relevancy of the expected 
testimony.
    (b) Subpoenas duces tecum; subpoenas to permit inspection of 
premises. The Secretary of the Commission, upon request of a party, 
shall issue a subpoena, signed but otherwise in blank, commanding a 
person to produce and permit inspection and copying of designated books, 
documents, or tangible things, or commanding a person to permit 
inspection of premises, at a time and place therein specified. The 
subpoena shall specify with reasonable particularity the material to be 
produced. The person commanded by the subpoena need not appear in person 
at the place of production or inspection unless commanded to appear for 
a deposition or hearing pursuant to paragraph (a) of this section. As 
used herein, the term ``documents'' includes writings, drawings, graphs, 
charts, handwritten notes, film, photographs, audio and video recordings 
and any such representations stored on a computer, a computer disk, CD-
ROM, magnetic or electronic tape, or any other means of electronic 
storage, and other data compilations from which information can be 
obtained in machine-readable form (translated, if necessary, into 
reasonably usable form by the person subject to the subpoena). A 
subpoena duces tecum may be used by any party for purposes of discovery, 
for obtaining documents for use in evidence, or for both purposes, and 
shall specify with reasonable particularity the materials to be 
produced.
    (c) Motions to quash; limitation on subpoenas subject to Sec. 3.36. 
Any motion by the subject of a subpoena to limit or quash the subpoena 
shall be filed within the earlier of ten (10) days after service thereof 
or the time for compliance therewith. Such motions shall set forth all 
assertions of privilege or other factual and legal objections to the 
subpoena, including all appropriate arguments, affidavits and other 
supporting documentation, and shall include the statement required by 
Rule 3.22(f). Nothing in paragraphs (a) and (b) of this section 
authorizes the issuance of subpoenas requiring the appearance of, or the 
production of documents in the possession, custody, or control of, an 
official or employee of a governmental agency other than the Commission, 
or subpoenas to be served in a foreign country, which may be authorized 
only in accordance with Sec. 3.36.

[43 FR 56866, Dec. 4, 1978, as amended at 50 FR 42672, Oct. 22, 1985; 61 
FR 50648, Sept. 26, 1996; 66 FR 17629, Apr. 3, 2001]