[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR47.17]

[Page 303]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL 
COMMODITIES ACT--Table of Contents
 
Sec. 47.17  Subpoenas.

    (a) Issuance of subpoenas. The attendance of witnesses and the 
production of documentary evidence from any place in the United States 
on behalf of any party to the proceeding may, by subpoena, be required 
at any designated place of hearing or at any designated place for the 
taking of a deposition. Subpoenas may be issued by the Secretary, or by 
the examiner, over the facsimile signature of the Secretary upon a 
reasonable showing by the applicant of the grounds, necessity, and 
reasonable scope thereof. Except for good cause shown, applications for 
subpoenas shall be filed with the Hearing Clerk at least 30 days prior 
to the designated date of hearing or deposition. Except for good cause 
shown, the examiner shall not issue subpoenas less than 20 days prior to 
the designated date of hearing or deposition.
    (b) Application for subpoena duces tecum. Subpoenas for the 
production of documentary evidence shall be issued only upon a verified 
written application. Such application shall specify, as exactly as 
possible, the documents desired and shall show their competency, 
relevancy, materiality, and the necessity for their production.
    (c) Service of subpoenas. Subponeas may be served by any person not 
less than 18 years of age. The party at whose instance a subponea is 
issued shall be responsible for service thereof. Subpoenas shall be 
served as provided in Sec. 47.4.

[10 FR 2209, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946; 19 FR 57, Jan. 6, 
1954, as amended at 38 FR 30445, Nov. 5, 1973; 56 FR 175, Jan. 3, 1991; 
60 FR 8462, Feb. 14, 1995; 64 FR 38107, July 15, 1999]