California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 10 - Discovery › Section 10.2 - (Rule 10.2) Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  party may request the issuance of a subpoena to direct the attendance of a
				  non-party witness or to direct the production of documents or other things
				  under the non-party witness's control. Requests may be made to the
				  Administrative Law Judge assigned to the proceeding. If no Administrative Law
				  Judge is assigned to the proceeding, requests may be made to the Executive
				  Director. Subpoenas may be issued by the Commission, each Commissioner, the
				  Executive Director, the Assistant Executive Director, or the Administrative Law
				  Judge.
(b) When it is issued, the
				  subpoena will be signed and sealed but will otherwise be blank. All appropriate
				  portions of the blank subpoena must be completed by the party before it is
				  served.
(c) If the subpoena seeks
				  the production of documents or other things, it must be served with a copy of
				  an affidavit showing good cause for the production of the documents or other
				  things described in the subpoena, specify the exact documents or things to be
				  produced, set forth in full detail the materiality of the requested documents
				  or things to the issues raised in the proceeding, and state that the requested
				  documents or things are in the possession or under the control of the witness.
				  The party requesting production of the documents or other things must retain
				  the original affidavit, and produce it at the request of the Administrative Law
				  Judge, until either all requested documents or other things have been produced
				  or all motions related to the subpoena have been finally resolved.
(d) Service of a subpoena must be made by
				  delivering a copy to the witness personally, giving or offering to the witness
				  at the same time, if demanded by him or her, the fees to which he or she is
				  entitled under Public Utilities Code Section
				  1791
				  (see Government Code Section
				  68093).
				  The service must be made early enough to allow the witness a reasonable time
				  for preparation and travel to the place of attendance. Service may be made by
				  any person.
(e) The provisions of
				  Section
				  1985.3
				  of the Code of Civil Procedure apply to subpoenas of a consumer's personal
				  records, as defined by Section
				  1985.3(a)
				  of the Code of Civil Procedure.
(f)
				  Anyone who disobeys a subpoena issued pursuant to this rule may be found to be
				  in contempt of superior court and punished accordingly, as provided in Public
				  Utilities Code Sections
				  1792
				  and
				  1793.
				  In appropriate circumstances, such disobedience may be found to be a violation
				  of Rule 1.1, punishable as contempt of the Commission under Public Utilities
				  Code Section
				  2113.
1.
					 Renumbering of former sections
					 59.2,
					 60 and
					 61.1 to new section
					 10.2, including amendment of
					 section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to
					 Government Code section
					 11351(a)
					 (Register 2006, No. 37).
2. Amendment of subsection (a) filed
					 5-9-2011; operative 6-8-2011. Submitted to OAL for limited review pursuant to
					 Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2011, No. 19).
Note: Authority cited: Section
						1701,
						Public Utilities Code; and Section
						2, Article XII, California
						Constitution. Reference: Sections
						1792,
						1793
						and
						2113,
						Public Utilities Code; Section
						1991,
						Code of Civil Procedure.