[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1201.85]

[Page 29-30]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1201_PRACTICES AND PROCEDURES--Table of Contents
 
                Subpart B_Procedures for Appellate Cases
 
Sec. 1201.85  Enforcing subpoenas.

    (a) If a person who has been served with a Board subpoena fails or 
refuses to comply with its terms, the party seeking compliance may file 
a written motion for enforcement with the judge or make an oral motion 
for enforcement while on the record at a hearing. That party must 
present the document certifying that the subpoena was served and, except 
where the witness was required to appear before the judge, must submit 
an affidavit or

[[Page 30]]

sworn statement under 28 U.S.C. 1746 (see appendix IV) describing the 
failure or refusal to obey the subpoena. The Board, in accordance with 5 
U.S.C. 1204(c), may then ask the appropriate United States district 
court to enforce the subpoena. If the person who has failed or refused 
to comply with a Board subpoena is located in a foreign country, the 
U.S. District Court for the District of Columbia will have jurisdiction 
to enforce compliance, to the extent that a U.S. court can assert 
jurisdiction over an individual in the foreign country.
    (b) Upon application by the Special Counsel, the Board may seek 
court enforcement of a subpoena issued by the Special Counsel in the 
same manner in which it seeks enforcement of Board subpoenas, in 
accordance with 5 U.S.C. 1212(b)(3).

                          Interlocutory Appeals