**§20.711 Rule 711. Subpoenas.**

\(a\) *General*. An appellant, or his or her representative, may arrange
for the production of any tangible evidence or the voluntary appearance
of any witnesses desired. When necessary evidence cannot be obtained in
any other reasonable way, the appellant, or his or her representative,
may move that a subpoena be issued to compel the attendance of witnesses
residing within 100 miles of the place where a hearing on appeal is to
be held and/or to compel the production of tangible evidence. A subpoena
will not be issued to compel the attendance of Department of Veterans
Affairs adjudicatory personnel.

\(b\) *Contents of motion for subpoena*. The motion for a subpoena must
be in writing, must clearly show the name and address of each witness to
be subpoenaed, must clearly identify all documentary or other tangible
evidence to be produced, and must explain why the attendance of the
witness and/or the production of the tangible evidence cannot be
obtained without a subpoena.

\(c\) *Where filed*. Motions for a subpoena must be filed with the
Director, Management and Administration (01E), Board of Veterans'
Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.

\(d\) *When motion for subpoena is to be filed in cases involving a
hearing on appeal*. Motions for the issuance of a subpoena for the
attendance of a witness, or the production of documents or other
tangible evidence, at a hearing on appeal must be filed not later than
30 days prior to the hearing date.

\(e\) *Ruling on motion for subpoena*.

\(1\) *To whom assigned*. The ruling on the motion will be made by the
Member or panel of Members to whom the case is assigned. Where the case
has not been assigned, the Chairman, or the Chairman's designee, will
assign the case to a Member or panel who will then rule on the motion.

\(2\) *Procedure*. If the motion is denied, the Member(s) ruling on the
motion will issue an order to that effect which sets forth the reasons
for the denial and will send copies to the moving party and his or her
representative, if any. Granting the motion will be signified by
completion of a VA Form 0714, "Subpoena," if attendance of a witness is
required, and/or VA Form 0713, "Subpoena Duces Tecum," if production of
tangible evidence is required. The completed form shall be signed by the
Member ruling on the motion, or, where applicable, by any panel Member
on behalf of the panel ruling on the motion, and served in accordance
with paragraph (g) of this section.

\(f\) *Fees*. Any person who is required to attend a hearing as a
witness shall be allowed and paid the same fees and mileage as are paid
witnesses in the district courts of the United States. A subpoena for a
witness will not be issued or served unless the party on whose behalf
the subpoena is issued submits a check in an amount equal to the fee for
one day's attendance and the mileage allowed by law, made payable to the
witness, as an attachment to the motion for the subpoena. Except for
checks on the business accounts of attorneys-at-law, agents, and
recognized service organizations, such checks must be in the form of
certified checks or cashiers checks.

\(g\) *Service of subpoenas*. The Board will serve the subpoena by
certified mail, return receipt requested. The check for fees and mileage
described in paragraph (f) of this section shall be mailed with the
subpoena. The receipt, which must bear the signature of the witness or
of the custodian of the tangible evidence, and a copy of the subpoena
will be filed in the claims folder, loan guaranty folder, or other
applicable Department of Veterans Affairs records folder.

\(h\) *Motion to quash or modify subpoena*.

\(1\) *Filing procedure*. Upon written motion of the party securing the
subpoena, or of the person subpoenaed, the Board may quash or modify the
subpoena if it is unreasonable and oppressive or for other good cause
shown. Relief may include, but is not limited to, requiring the party
who secured the subpoena to advance the reasonable cost of producing
books, papers, or other tangible evidence. The motion must specify the
relief sought and the reasons for requesting relief. Such motions must
be filed at the address specified in paragraph (c) of this section
within 10 days after mailing of the subpoena or the time specified in
the subpoena for compliance, whichever is less. The motion may be
accompanied by such supporting evidence as the moving party may choose
to submit. It must be accompanied by a declaration showing:

> \(i\) That a copy of the motion, and any attachments thereto, were
> mailed to the party who secured the subpoena, or the person
> subpoenaed, as applicable;
>
> \(ii\) The date of mailing; and
>
> \(iii\) The address to which the copy was mailed.

\(2\) *Response*. Not later than 10 days after the date that the motion
was mailed to the responding party, that party may file a response to
the motion at the address specified in paragraph (c) of this section.
The response may be accompanied by such supporting evidence as the
responding party may choose to submit. It must be accompanied by a
declaration showing:

> \(i\) That a copy of the response, and any attachments thereto, were
> mailed to the moving party;
>
> \(ii\) The date of mailing; and
>
> \(iii\) The address to which the copy was mailed. If the subpoena
> involves testimony or the production of tangible evidence at a hearing
> before the Board and less than 30 days remain before the scheduled
> hearing date at the time the response is received by the Board, the
> Board may reschedule the hearing to permit disposition of the motion.

\(3\) *Ruling on the motion*. The Member or panel to whom the case is
assigned will issue an order disposing of the motion. Such order shall
set forth the reasons for which a motion is either granted or denied.
The order will be mailed to all parties to the motion. Where applicable,
an order quashing a subpoena will require refund of any sum advanced for
fees and mileage.

\(i\) *Disobedience*. In case of disobedience to a subpoena issued by
the Board, the Board will take such steps as may be necessary to invoke
the aid of the appropriate district court of the United States in
requiring the attendance of the witness and/or the production of the
tangible evidence subpoenaed. A failure to obey the order of such a
court may be punished by the court as a contempt thereof. (Authority: 38
U.S.C. 5711, 5713, 7102(a))

\[57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20452, May 7, 1996; 65
FR 1544, Jan. 11, 2000; 66 FR 49538, Sept. 28, 2001; 67 FR 16023, Apr.
4, 2002\]

**Supplement *Highlights* references**: 14(3), 45(1).

Reserved