(04/2020) OALJ Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises 

United States Department of Labor 

OFFICE OF ADMINISTRATIVE LAW JUDGES

In Re:

(Plaintiff/Complainant/Claimant)

v.

(Defendant/Respondent/Employer/Carrier)

OALJ Case No:

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS 

 OR TO PERMIT INSPECTION OF PREMISES

To: 

Address:

The following provisions of the Code of Federal Regulations (C.F.R.) are attached - 29 C.F.R. §§18.56(c) and 18.52(a), relating to 

your protection as a person subject to a subpoena, and 29 C.F.R. §§18.56(d) and 18.56(e), relating to your duty to respond to this 

subpoena and the potential consequences of not doing so. 

This subpoena is issued upon the application of (indicate attorney/representative for named party): 

(Person requesting subpoena) (Address and Telephone Number)

IN WITNESS WHEREOF the undersigned United 

States Department of Labor Administrative Law 

Judge has digitally signed this subpoena. 

Signature of U.S. Administrative Law Judge

Page 1 of 3

Production: YOU ARE COMMANDED to produce the following documents, electronically stored information, or 

objects, and permit their inspection, copying, testing, or sampling of the material at your address set forth above and at the 

following Date and Time :

Alternate to Personal Production: You may avoid personally producing the described items at your address set forth above 

by delivering copies of the described items to the following described location on or before the date and time set forth above.

Inspection: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or 

controlled by you at the time, date and location set forth below, so that the requesting party may inspect, measure, survey, 

photograph, test, or sample the property or any designated object on it.

 

Place of Production:

 

Place of Inspection:

Date:

Time:

Name Address

City

Phone Number State Zip Code

Bar Number

Firm Name
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 the digital 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.

 

 

HIPAA NOTICE: In regard to the Privacy of Individually Identifiable Health 

Information under the Health Insurance Portability and Accountability Act of 

1996, if this subpoena does not bear the digitized signature of a DOL 

administrative law judge, it is not valid under 45 C.F.R. §§164.512(e), 164.512(f) 

or 164.512(l). 

 

 

(A) 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 information 

is not reasonably accessible because of undue burden or cost. If that 

showing is made, the judge may nonetheless order discovery from such 

sources if the requesting party show good cause. The judge may 

specify conditions for the discovery. 

(2) Claiming Privilege or Protection. 

(A) Information Withheld. A person withholding subpoenaed 

information under a claim that it is privileged or subject to protection as 

hearing-preparation material must: 

(i) expressly make the claim; and 

(ii) describe the nature of the withheld documents, communications, or 

tangible things in a manner that, without revealing information 

itself privileged or protected, will enable the parties to assess the 

claim. 

(B) Information Produced. If information produced in response to a 

subpoena is subject to a claim of privilege or of protection as hearingpreparation material, the person making the claim may notify any party 

that received the information of the claim and the basis for it. After 

being notified, a party must promptly return, sequester, or destroy the 

specified information and any copies it has; must not use or disclose the 

information until the claim is resolved; must take reasonable steps to 

retrieve the information if the party disclosed it before being notified; 

and may promptly present the information to the judge in camera for a 

determination of the claim. The person who produced the information 

must preserve the information until the claim is resolved. 

(e) Failure to Obey. When a person fails to obey a subpoena, the party adversely 

affected by the failure may, when authorized by statute or law, apply to the 

appropriate District Court to enforce the subpoena.

 

29 C.F.R. §18.52 Protective orders 

 

(a) In General. A party or person from whom discovery is sought may file a 

written motion for a protective order. The motion must include a certification that 

the movant has in good faith conferred or attempted to confer with the affected 

parties in an effort to resolve the dispute without the judge's action. The judge 

may, for good cause, issue an order to protect a party or person from annoyance, 

embarrassment, oppression, or undue burden or expense, including one or more of 

the following:

(1) Forbidding the disclosure or discovery; 

(2) Specifying terms, including a designation of the time and place, for the 

disclosure or discovery; 

(3) Prescribing a discovery method other than the one selected by the party 

seeking discovery; 

(4) Forbidding inquiry into certain matters, or limiting the scope of disclosure or 

discovery to certain matters; 

(5) Designating the persons who may be present while discovery is conducted; 

(6) Requiring that a deposition be sealed and only opened on the judge's order; 

(7) Requiring that a trade secret or other confidential research, development, or 

commercial information not be revealed or be revealed only in a specified way; 

and 

(8) Requiring that the parties simultaneously file specified documents or 

information in sealed envelopes, to be opened as the judge directs. 

 

4/2020) OALJ Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises Page 2 of 3
PROOF OF SERVICE

(04/2020) OALJ Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises 

Person served (print name) Date of Service

Place of Service Manner of Service

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained 

in the Proof of Service is true and correct.

Signature of Server

Page 3 of 3

Date

On I received this subpoena and served it pursuant to 29 CFR §18.56(b) as follows:

I have also tendered to the witness fees for one day's attendance and the mileage allowed by law, in the amount of 

I have not tendered witness fees for one day's attendance and for the mileage allowed by law.

$

Name of Server (Print Name)

Address:

City: State: ZIP: