Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › HEARING RULES › Section 1.25 - Subpoenas

Current through Register 1525, July 5, 2024
The Presiding Officer may issue, vacate, modify and enforce
							subpoenas requiring the attendance and testimony of witnesses and/or the
							production of documents or other evidence in accordance with the following
							provisions.
(1)
Issuance
. A subpoena may be issued in the name of the
						Authority by the Presiding Officer, for the purposes of discovery and depositions
						of a non-party witness, only upon motion to all Parties and to the proposed
						non-party witness, after satisfaction of the conditions required for the taking
						of a deposition of a Party under the provisions of
						360 CMR 1.22(4)(b)
						 and upon a showing that the information cannot
						be reasonably obtained by any other means of discovery or from any other source
						other than the non-party.
A subpoena may be issued in the name of the Authority by the
							Presiding Officer, for purposes of providing testimony or evidence at any
							hearing, only upon motion to all Parties and, as applicable, to any proposed
							non-party witness. The motion shall demonstrate, with particularity, the need for
							the particular witnesses' testimony, the connection between the witnesses'
							personal knowledge and the factual disputes in the proceeding, the reason that
							the evidence cannot be adduced through stipulation or through other witnesses
							more competent and/or percipient than the person as to whom a subpoena is sought,
							and such other information as will assist the Presiding Officer in a
							determination that the evidence sought to be adduced through the witness will not
							be unduly duplicative of other evidentiary sources not requiring subpoenaed
							testimony, and that the subpoena is not sought for purposes of harassment or
							oppression.
A subpoena, whether for purposes of discovery or a hearing,
							shall be subject to such terms and scope as the Presiding Officer may deem
							appropriate. Every subpoena shall show on its face the name and address of the
							requesting Party. The Authority may prescribe the form of subpoena but, insofar
							as practicable, such form shall adhere to the form used in civil cases before the
							state courts of Massachusetts.
(2)
Subpoena for Attendance of
						Witness
. A subpoena commanding the person to whom it is directed
						shall direct said person to attend and give testimony at a time and place
						specified, which may include attendance at a hearing. A subpoena for the taking
						of a deposition, and the place of such deposition, shall comply with the
						requirements of Massachusetts Rule of Civil Procedure 45(d).
(3)
Subpoena for Production of
						Documentary Evidence
. A subpoena, if and as authorized by the
						Presiding Officer, may also command the person to whom it is directed to produce
						the books, papers, documents, or tangible things designated therein.
(4)
Motion to Quash, Vacate or
						Modify After Issuance
. The person as to whom a subpoena, authorized
						by the Presiding Officer, has been directed or a Party on his or her behalf, may,
						within a reasonable period, file a written motion to quash, vacate or modify the
						subpoena if either believes that the scope of the subpoena, as authorized, has
						been exceeded or any other terms thereof have not been observed. The Party who
						received authorization for the subpoena shall be given prompt notice of the
						motion. The Presiding Officer may grant such a motion in whole or in part upon a
						finding that the testimony, or the evidence whose production is requested, is
						beyond the original permitted scope of the subpoena, or has not been implemented
						in accordance with the original terms thereof. The Presiding Officer may enter
						such other order upon such motion as is deemed to be appropriate in the
						circumstances.
(5)
Costs
. A witness who is not a Party and is summoned to
						appear at a hearing or deposition shall be paid the same fees for attendance and
						travel as required by in civil cases before Massachusetts state courts. The
						requesting Party shall pay all costs involved with the subpoena, including fees
						for attendance and travel, except that where the subpoena is issued on behalf of
						the Authority as a Party, fees and travel costs need not be tendered.
(6)
Failure to Comply with a
						Subpoena
. If any person fails to comply with an authorized subpoena
						issued in the name of the Authority which has not been quashed or vacated by the
						Presiding Officer, the Party who requested the subpoena may, pursuant to M.G.L.
						c. 30A, § 12(5), apply to the Superior Court for an order requiring the
						attendance of such person as required by the subpoena and the giving of testimony
						or production of evidence. Any person failing to obey the court's order may be
						punished by the court for contempt pursuant to M.G.L. c. 30A, §
						12(5).