Subpoena To Appear And Testify At A Deposition (OALJ) (Hard Copy Requests)

(06/2015) Administrative Subpoena to Appear and Testify at a Deposition Page 1 of 3 United States Department of Labor OFFICE OF ADMINISTRATIVE LAW JUDGES In Re: (Plaintiff/Complainant/Claimant) v. OALJ Case No: (Defendant/Respondent/Employer/Carrier) SUBPOENA TO APPEAR AND TESTIFY AT A DEPOSITION To: City Address State Zip Code YOU ARE DIRECTED to appear at the time, date, and place set forth below to testify at a deposition to be taken in the above captioned proceeding. If you are an organization that is not a party in this case, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment: Place of Testimony: Date: Time: The deposition will be recorded by this method: YOU MUST ALSO BRING WITH YOU the following documents, electronically stored information, or tangible things and permit their inspection, copying, testing or sampling of material (blank if not applicable): The provisions of Code of Federal Regulations (CFR) 29 C.F.R. §§18.56(c) and 18.52(a), relating to your protection as a person subject to a subpoena, and 29 CFR §§18.56(d) and 18.56(e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. This subpoena is issued upon the application of (indicate attorney/representative for named party): (Person requesting subpoena) (Address and Telephone Number) Firm Name Name Bar Number Phone Number Address City State Zip Code If this subpoena commands the production of documents, electronically stored information, or tangible things, a copy of this subpoena must be served on each party before it is served on the person to whom it is directed. 29 C.F.R. §18.56(b) IN WITNESS WHEREOF the undersigned United States Administrative Law Judge has hereunto set his/her hand and caused the seal of the United States Department of Labor to be affixed. Signature of U.S. Administrative Law Judge Date To be valid, a raised USDOL Seal must appear here American LegalNet, Inc. www.FormsWorkFlow.com (06/2015) Administrative Subpoena to Appear and Testify at a Deposition Page 2 of 3 NOTICES NOTICE: This subpoena is only valid in proceedings before the Office of Administrative Law Judges or Office of Workers' Compensation Programs. To be valid, this subpoena must bear a raised United States Department of Labor (USDOL) seal, and the signature of a Department of Labor (DOL) administrative law judge. 29 C.F.R. §18.56 Subpoenas (c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or representative responsible for requesting, issuing or serving a subpoena must take reasonable steps to avoid imposing undue burden on a person subject to the subpoena. The judge must enforce this duty and impose an appropriate sanction. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition or hearing. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or representative designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises - or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (i) At any time, upon notice to the commanded person, the serving party may move the judge for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the judge must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person - except that, subject to paragraph (c)(3)(B)(iii) of this section, the person may be commanded to attend the formal hearing; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When permitted. To protect a person subject to or affected by a subpoena, the judge may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend the formal hearing. (d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is usually maintained or in a reasonably usable form or forms. Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or expense. On motion to compel discovery or for a protective order, the person responding must show that the informat