Request a subpoena for a civil service hearing

A subpoena from the Civil Service Commission requires someone to provide:

• Testimony at a Commission hearing
• Documents for a Commission hearing.

A subpoena is useful if someone will not voluntarily attend your hearing.  You might also need to request documents relevant to your appeal.

ELIGIBILITY TO REQUEST A SUBPOENA

You can request a subpoena from the Commission only if you are a party to a pending appeal.

AUTHORIZATION TO ISSUE A SUBPOENA

You must request the authority to issue a subpoena.  Your request must be received by the Commission at least 10 days prior to your hearing, unless you show good cause.  It may be submitted in-person, via email or via mail. 

The request must contain a completed remote hearing subpoena template (if the witness will be testifying remotely) or an in person hearing subpoena template (if the witness is testifying in person), with a description of why the person's testimony (or documents) is relevant to your appeal. 

OPPOSING A SUBPOENA REQUEST

You can oppose the other party's subpoena request.  Objections must be received within 7 days of their request, although the Commission may establish a shorter time frame if necessary.

SERVING A SUBPOENA

You are responsible for finding someone to serve the subpoena after it has been authorized by the Commission.

Find a "disinterested person" who is:

• Not a party;
• Not related to the person you are serving
• Over 18 years old.

You can also use a deputy sheriff or constable to serve the subpoena for a fee.

The person serving the subpoena to the witness must deliver it by hand or leave it at the witness's home.  If they hand deliver it, they must:

• Give the person the original copy of the subpoena
• Give the person the witness fee.

The person serving the subpoena must:

• Complete the "return of service" section of the subpoena on page 2
• Return that section along with a copy of page 1 of the subpoena to you before the date of your hearing.

Bring this information with you to your hearing as proof that the subpoena was served.

APPEARANCE AT HEARING

Any witness who objects to the issuance of the subpoena can ask the Commission to cancel or change the subpoena before the hearing date.  You will have an opportunity to reply to this request.  You can ask the Superior Court to enforce a subpoena, requiring the attendance of a witness if he/she does not appear and the subpoena has not been canceled by the Commission.