SUBPOENAS


§ 131.81. Subpoenas.

 (a)  Upon written or electronic request of a party or counsel of record in a pending proceeding, the judge will issue a subpoena to compel the attendance of a witness or require the production of books, documents, records, CD-ROMs, diskettes, other digital recordings or other things relevant to the proceeding at a scheduled hearing or deposition within the scope of, and scheduled under, this chapter. The party requesting a subpoena shall complete the subpoena and serve the judge with the original written request and shall serve a copy of the written request on unrepresented parties and counsel of record as provided in §  131.34(a) (relating to other filings).

 (b)  Subpoenas may not be served until 10 days from the date of issuance unless waived by agreement of the parties.

 (c)  The party, counsel of record or their respective agents requesting a subpoena shall serve the subpoena that the judge has issued upon the witness or person subpoenaed and upon opposing counsel.

   (1)  Service shall be made by one of the following:

     (i)   Personal service under the Pennsylvania Rules of Civil Procedure.

     (ii)   Any form of mail requiring a return receipt postage prepaid, restricted delivery or as provided in §  131.11(b) (relating to filing, service and proof of service).

   (2)  The fee for 1 day’s attendance and roundtrip mileage shall be tendered upon demand at the time the person is served with the subpoena. If a subpoena is served by mail, a check in the amount of 1 day’s attendance and round-trip mileage shall be enclosed with the subpoena. The fee for 1 day’s attendance and roundtrip mileage is as prescribed in 42 Pa.C.S. § §  5901—5988 (relating to depositions and witnesses).

 (d)  Upon the filing of written objections by a person served with a subpoena or a party, the judge may, after notice to counsel of record and unrepresented parties, promptly quash or limit the scope of a subpoena issued or served.

 (e)  If the person fails to appear, or has given notice of the intention not to appear, as required by a subpoena duly served, the judge will upon request of a party, communicate to the witness the requirements of the act that the person so appear and advise the person of the enforcement provisions under section 436 of the act (77 P. S. §  992).

 (f)  Subsections (a)—(e) supersede 1 Pa. Code § §  35.139 and 35.142 (relating to fees of witnesses; and subpoenas).

Authority

   The provisions of this §  131.81 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P. S. § §  710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P. S. §  565); and section 414 of The Pennsylvania Occupational Disease Act (77 P. S. §  1514).

Source

   The provisions of this §  131.81 adopted March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (346016) to (346017).

Notes of Decisions

   Issuance of a subpoena is the proper and reasonable method for the production on records. Tady v. Workmen’s Compensation Appeal Board, 485 A.2d 897 (Pa. Cmwlth. 1985). (Editor’s Note: The court cited to former §  131.51 which dealt with subpoenas.)

Cross References

   This section cited in 34 Pa. Code §  131.11 (relating to filing, service and proof of service).



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