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36.12.217    SUBPOENAS

(1) Requests for subpoenas for the attendance of witnesses or the production of documents shall be made in writing to the hearing examiner and shall contain a brief statement demonstrating the potential relevance of the testimony or evidence sought and shall identify any documents sought with specificity, and shall name all persons to be subpoenaed.

(a) A subpoena shall be served in the manner provided by the Montana Rules of Civil Procedure.

(b) The cost of service, fees, and expenses of any witnesses subpoenaed shall be paid at the rates prescribed by Montana law by the party at whose request the witness appears.

(c) The person serving the subpoena shall make proof of service by filing the subpoena together with a certificate of service with the hearing examiner.

(2) Upon motion made promptly, and in any event at or before the time specified in the subpoena for compliance therewith, the subpoena may be quashed or modified if the hearing examiner finds it is unreasonable or oppressive.

(3) The party seeking the subpoena may seek enforcement of the same by applying to a judge of any district court of the state of Montana for an order to show cause why the subpoena should not be enforced against any witness who fails to obey the subpoena.

History: Sec. 2-4-201(2) and 85-2-113(2), MCA; IMP, Sec. 2-4-104 and 2-4-611, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94.

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