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 one to request documents relevant to your appeal.
Eligibility to request a subpoena
You can request a subpoena from the Commission if you are a party to a pending appeal.
Authorization to issue a subpoena
According to Commission rules, you must request the authority to issue a subpoena. Please make your request at least 10 days before the scheduled hearing. We can waive the 10 day rule if you have a good reason.
Opposing a subpoena request
According to Commission rules, you can oppose the other party's subpoena request. Please submit your objections within 7 days of their request. We can limit the time for your objections further to make sure the requested subpoenas are served promptly.
Serving a subpoena
You are responsible for finding someone to serve a subpoena. The Civil Service Commission will not serve it for you. Find a “disinterested person” who is:
- Not a party or witness in this appeal
- 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 approved subpoena to the witness must deliver it by hand or leave it at the witness's home. If they hand deliver it, they must:
- Tell the person being served that they are being given a subpoena
- Give the person an 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 (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 the hearing as proof that the subpoena was served.
Additional Resources for Serving a subpoena
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:
- They don't appear at the hearing after being served the subpoena
- The Commission hasn't canceled the subpoena