[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR4.120]



[Page 80-81]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents

 

    Subpart C_Special Rules of Practice Before the Interior Board of 

                            Contract Appeals

 

Sec.  4.120  Subpoenas. (See Sec.  4.100(a)(2).)



    (a) General. Upon written request of either party filed with the 

docket clerk or on his own initiative, the Administrative Judge to whom 

a case is assigned or who is otherwise designated by the Chairman may 

issue a subpoena requiring:

    (1) Testimony at a deposition--the deposing of a witness, in the 

city or county where he resides or is employed or transacts his business 

in person, or at another location convenient for him that is 

specifically determined by the Board;

    (2) Testimony at a hearing--the attendance of a witness for the 

purpose of taking testimony at a hearing; and

    (3) Production of books and papers--in addition to paragraphs (a) 

(1) and (2) of this section, the production by the witness at the 

deposition or hearing of books and papers designated in the subpoena.

    (b) Voluntary cooperation. Each party is expected (1) to cooperate 

and make available witnesses and evidence under its control as requested 

by the other party, without issuance of a subpoena,



[[Page 81]]



and (2) to secure voluntary attendance of desired third-party books, 

papers, documents, or tangible things whenever possible.

    (c) Requests for subpoenas. (1) A request for a subpoena shall 

normally be filed at least:

    (i) 15 days before a scheduled deposition where the attendance of a 

witness at a deposition is sought;

    (ii) 30 days before a scheduled hearing where the attendance of a 

witness at a hearing is sought.



In its discretion the Board may honor requests for subpoenas not made 

within these time limitations.

    (2) A request for a subpoena shall state the reasonable scope and 

general relevance to the case of the testimony and of any books and 

papers sought.

    (d) Request to quash or modify. Upon written request by the person 

subpoenaed or by a party, made within 10 days after service but in any 

event not later than the time specified in the subpoena for compliance, 

the Board may (1) quash or modify the subpoena if it is unreasonable and 

oppressive or for other good cause shown, or (2) require the person in 

whose behalf the subpoena was issued to advance the reasonable cost of 

producing subpoenaed books and papers. Where circumstances require, the 

Board may act upon such a request at any time after a copy has been 

served upon the opposing party.

    (e) Forms--issuance. (1) Every subpoena shall state the name of the 

Board and the title of the appeal and shall command each person to whom 

it is directed to attend and give testimony, and if appropriate, to 

produce specified books and papers at a time and place therein 

specified. In issuing a subpoena to a requesting party, the 

Administrative Judge shall sign the subpoena and may in his discretion, 

enter the name of the witness and otherwise leave it blank. The party to 

whom the subpoena is issued shall complete the subpoena before service.

    (2) Where the witness is located in a foreign country, a letter 

rogatory or subpoena may be issued and served under the circumstances 

and in the manner provided in 28 U.S.C. 1781-1784.

    (f) Service. (1) The party requesting issuance of subpoena shall 

arrange for service.

    (2) A subpoena requiring the attendance of a witness at a deposition 

or hearing may be served at any place. A subpoena may be served by a 

U.S. marshal or deputy marshal, or by any other person who is not a 

party and not less than 18 years of age. Service of a subpoena upon a 

person named therein shall be made by personally delivering a copy to 

that person and tendering the fees for 1 day's attendance and the 

mileage provided by 28 U.S.C. 1821 or other applicable law.

    (3) The party at whose instance a subpoena is issued shall be 

responsible for the payment of fees and mileage of the witness and of 

the officer who serves the subpoena. The failure to make payment of such 

charges on demand may be deemed by the Board as a sufficient ground for 

striking the testimony of the witness and the evidence the witness has 

produced.

    (g) Contumacy or refusal to obey a subpoena. In a case of contumacy 

or refusal to obey a subpoena by a person who resides, is found, or 

transacts business within the jurisdiction of a U.S. District Court, the 

Board will apply to the Court through the Attorney General of the United 

States for an order requiring the person to appear before the Board or a 

member thereof to give testimony or produce evidence or both. Any 

failure of any such person to obey the order of the Court may be 

punished by the Court as a contempt thereof.