§ 1.333   Requests for issuance of subpena.

   (a) Unless submitted on the record while a hearing is in progress,
   requests for a subpena ad testificandum shall be submitted in writing.

   (b) Requests for a subpena duces tecum shall be submitted in writing,
   duly subscribed and verified, and shall specify with particularity the
   books, papers, and documents desired and the facts expected to be
   proved thereby. Where the subpena duces tecum request is directed to a
   nonparty to the proceeding, the presiding officer may issue the same,
   upon request, without an accompanying subpena to enforce a notice to
   take depositions, provided for in paragraph (e) of this section, where
   it appears that the testimony of said person is not required in
   connection with the subpena duces tecum.

   (c) All requests for subpenas shall be supported by a showing of the
   general relevance and materiality of the evidence sought.

   (d) Requests for subpenas shall be submitted in triplicate, but need
   not be served on the parties to the proceeding.

   (e) Requests for issuance of a subpena ad testificandum to enforce a
   notice to take depositions shall be submitted in writing. Such requests
   may be submitted with the notice or at a later date. The request shall
   not be granted until the period for the filing of motions opposing the
   taking of depositions has expired or, if a motion has been filed, until
   that motion has been acted on. Regardless of the time when the subpena
   request is submitted, it need not be accompanied by a showing that
   relevant and material evidence will be adduced, but merely that the
   person will be examined regarding a nonprivileged matter which is
   relevant to the hearing issues. The subpena request may ask that a
   subpena duces tecum be contemporaneously issued commanding the person
   to whom it is directed to produce designated books, papers, documents,
   or tangible things which constitute or contain evidence relating to any
   of the matters within the scope of the examination permitted by
   § 1.311(b) but in that event the subpena request will be subject to the
   provisions of § 1.313 and paragraph (b) of this section.

   (f) Requests for issuance of a subpena duces tecum to enforce an order
   for the production of documents and things for inspection and copying
   under § 1.325 may be submitted with the motion requesting the issuance
   of such an order. Regardless of the time when the subpena request is
   submitted, it need not be accompanied by a showing that relevant and
   material evidence will be adduced, but merely that the documents and
   things to be examined contain nonprivileged matter which is relevant to
   the subject matter of the proceeding.

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  33 FR 466 , Jan. 12, 1968;  47 FR 51873 , Nov. 18, 1982]

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