Skip to content

5. Service of police or other administrative subpoenas

Posts

  • 10th Circuit

    There is no case law addressing this issue.

    view more
  • 1st Circuit

    The First Circuit does not have any special rules regarding the use and service of other administrative subpoenas.

    view more
  • 2nd Circuit

    Issues involving administrative subpoenas are dealt with on a state level and should not be an issue in a federal legal proceeding.

    view more
  • 3rd Circuit

    Neither the applicable rules nor case law in the Third Circuit appear to address this point.

    view more
  • 4th Circuit

    The local rules for district courts in the Fourth Circuit do not include any specific provisions regarding the use and service of administrative subpoenas, including police or fire investigation subpoenas, and none of the case law addresses such subpoenas.

    view more
  • 5th Circuit

    No reported decision of the Fifth Circuit has considered whether any special rules exist regarding police or other administrative subpoenas.

    view more
  • 6th Circuit

    Issuance of administrative subpoenas by federal agencies is governed by the federal regulations for that agency.

    view more
  • 7th Circuit

    There are no special requirements concerning police or administrative subpoenas.

    view more
  • 8th Circuit

    No Eighth circuit case law addresses this issue in the context of the reporter's privilege.

    view more
  • 9th Circuit

    There is no statutory or case law addressing this issue.

    view more
  • Alabama

    In criminal actions, the district attorney has the authority to issue subpoenas requiring witnesses to appear before the grand jury. ALA. R. CRIM. P. 17.1 (c)(1). As a part of the district attorney's investigatory authority, the district attorney may, at any time the grand jury is not in session, subpoena witnesses whom the district attorney wishes to examine under oath concerning any violations of the laws of the State of Alabama. ALA. R. CRIM. P. 17.1 (c)(2). If the matter being investigated by the district attorney is not before the grand jury, the district attorney has the authority to issue subpoenas when the grand jury is in session. Id. In addition to the district attorney, the foreman of the grand jury and the clerk of the circuit court have the authority to subpoena witnesses to appear before the grand jury. ALA. R. CRIM. P. 17.1 (b). The Alabama Rules of Criminal Procedure permit the service of subpoenas by mail or, if requested, by personal service. ALA. R. CRIM. P. 17.4.

    view more
  • Alaska

    No special rules are known to apply to the use and service of police or fire or other administrative subpoenas.

    view more
  • Arizona

    There are no special rules regarding the use and service of other administrative subpoenas, such as police or fire investigation subpoenas. The Arizona Media Subpoena Law does not apply to grand jury subpoenas. A.R.S. § 12-2214(D).

    view more
  • Arkansas

    Police in Arkansas generally do not have the power of subpoena. An exception to this general rule, however, permits the director of the Arkansas State Police, whose department incorporates the state fire marshal, or the director's deputy to issue a subpoena to compel the attendance of witnesses to testify at an inquiry into whether a crime or other offense has been committed in connection with any fire and for the production of books, records, papers, other writings, or things deemed material to the inquiry. Ark. Code Ann. § 12-13-112. If a subpoena is disobeyed, the state police director or his deputy may ask the circuit court of the jurisdiction to compel the attendance and testimony of witnesses and production of books, papers, written material, and things incident to the inquiry. The circuit court is empowered to punish as a contempt any disobedience or refusal to obey such a subpoena. Id. Administrative agencies also have subpoena power. See Ark. Code Ann. § 25-15-104.

    view more
  • California

    California administrative agencies have broad discretion to issue subpoenas to investigate any matters within their jurisdiction. E.g., California Restaurant Ass’n v. Henning, 173 Cal. App. 3d 1069, 1075, 219 Cal. Rptr. 630 (1985). If a witness refuses to comply with an administrative subpoena, the agency may initiate proceedings to enforce the subpoena in the same way, and with the same penalties, that would apply to a civil subpoena. See Cal. Gov’t Code §§ 11181, et seq.; Cal. Gov’t Code §§ 37104, et seq.

    view more
  • Colorado

    An administrative subpoena is constitutionally valid where it is: (1) issued for a lawfully authorized purpose; (2) the information sought is relevant to the inquiry; and (3) the subpoena is sufficiently specific to obtain the necessary documents, but not excessive for the inquiry. People v. Fleming, 804 P.2d 231, 233 (Colo. App. 1990). Probable cause, however, is not required to support an administrative subpoena. See Benson v. People, 703 P.2d 1274 (Colo. 1985). However, it is an abuse of process to issue an administrative or grand jury subpoena for the sole purpose of gathering evidence for a pending criminal prosecution. Fleming, 804 P.2d at 233-34, citing U.S. v. LaSalle National Bank, 437 U.S. 298, 98 S.Ct. 2357, 57 L.Ed.2d 221 (1978); Donaldson v. U.S., 400 U.S. 517, 91 S.Ct. 534, 27 L.Ed.2d 580 (1971).

    In Denver Post Corp. v. Colorado Civil Rights Division, 1994 WL 665684, 22 Med. L. Rptr. 2478 (Colo. Dist. Ct., Sept. 26, 1994), the Denver County District Court quashed an administrative subpoena seeking the identity of an advertiser because the subpoena was not issued for a lawfully authorized purpose.

    view more
  • Connecticut

    There are no special rules regarding such service.

    view more
  • D.C. Cir.

    No statutory or case law exists addressing this issue.

    view more
  • District of Columbia

    There is no statutory or case law addressing this issue.

    view more
  • Florida

    Florida's administrative code is similar to the Florida Rules of Civil Procedure. See e.g., Fla. Admin. Code. Ann. R. 4-170.119(6) (subpoenas in Department of Insurance proceedings are to be served in the manner provided by law for service of subpoenas issued by a circuit court).

    view more
  • Georgia

    Georgia law does not recognize subpoenas for police and fire investigations in the absence of a grand jury or other judicial body. Certain administrative bodies can serve subpoenas, and their service rules generally conform to Georgia law referenced above.

    view more
  • Hawaii

    There are no special rules regarding the use and service of subpoenas issued by the police or other administrative agencies.

    view more
  • Idaho

    There is no special treatment of police or other administrative subpoenas under Idaho state court rules. However, the United States Attorney for the District of Idaho generally follows Department of Justice guidelines on issuance of subpoenas upon media witnesses.

    view more
  • Illinois

    The Illinois Code of Civil Procedure governs administrative review. 735 ILCS 5/3-101 et seq. The Illinois Administrative Code addresses subpoenas with regard to the various administrative agencies and committees. Each administrative agency or committee has its own rule relating to the issuance of subpoenas.

    view more
  • Indiana

    Various administrative bodies have the power to issue subpoenas. For instance, in connection with the investigation of a fire, the fire department may issue subpoenas, under Ind. Code §§ 22-14-2-8 and 36-8-17-7.

    view more
  • Iowa

    Administrative agency subpoenas may be served by agencies pursuant to Iowa Code § 17A.13 or individual agency enabling statues. Agency subpoenas are enforced by bringing district court proceedings, so a contempt citation can only follow disobedience of the court order, not simply the agency subpoena. Police subpoenas are not normally available or utilized.

    view more
  • Kansas

    State criminal procedure includes provisions for prosecutorial “inquisitions.” See, K.S.A. 22-3101, et seq. Inquisition subpoenas are served in the same manner as other subpoenas, as are subpoenas compelling attendance at administrative proceedings.

    view more
  • Kentucky

    Kentucky law has no special rules regarding the use and service of other administrative subpoenas. Ky. R. Civ. P. 45; Ky. R. Crim. P. 7.02.

    view more
  • Louisiana

    The provisions relating to the service of subpoena apply to subpoenas issued "in connection with all legislative hearings, administrative proceedings, grand jury hearings" as well as subpoenas to appear in front of the attorney general and district attorneys. La. R.S. 45:1458.

    view more
  • Maine

    There are no special rules regarding the service of police or other administrative subpoenas.

    view more
  • Maryland

    There are no special rules regarding the use and service of police or other administrative subpoenas.

    view more
  • Massachusetts

    Administrative agencies are bodies within the executive branch that are created by legislative enactment to undertake certain specific tasks. An administrative subpoena is a command from the agency directing an individual to give information to the agency. 38 Mass. Practice § 142. However, the power to issue an administrative subpoena is not inherent to the agency; in Massachusetts, an agency may only issue a subpoena if it is given the power to do so by statute. Mass. Comm. Against Discrimination v. Liberty Mut. Ins. Co., 356 N.E.2d 236, 238 (1976 Mass.). Where a Massachusetts agency is governed by the Massachusetts Administrative Procedure Act, M.G.L.A c. 30A, §12., the subpoena will be served in accordance with the same rules that apply the subpoenas issued by civil courts.

    view more
  • Michigan

    Subpoenas may be served by any competent person over the age of 18 or by mail. Fees must be delivered with the subpoena in civil cases, not in criminal cases. The fees must be one day’s attendance plus mileage.

    view more
  • Minnesota

    The requirements of the Shield Law apply to all forms of subpoenas, including police and administrative subpoenas. Minn. Stat. § 595.023.

    view more
  • Mississippi

    Miss. R. Civ. P. 45 has no application to subpoenas issued in support of administrative hearings or by administrative agencies; those subpoenas are governed by statute:

    Miss. Code Ann. § 5-1-21 (Supp. 2006) (witnesses before legislative bodies):

    A subpoena requiring the attendance of any witness before either house of the legislature, or a committee thereof, may be issued by the presiding officer or the chairman of any committee before which the attendance of the witness is desired. Such subpoena may be served by any person who might be a witness in the matter of its service, and his affidavit that he delivered a copy to the witness shall be evidence of service.

    Miss. Code Ann. § 7-1-49 (Supp. 2006) (examiner of public accounts):

    A commission shall issue to the examiner, vesting in him authority to do and perform the duties for which he may be appointed. He shall have authority to issue subpoenas for witnesses whom he may wish to examine, administer oaths to them, and to compel their attendance; and shall have full authority to require officers whose books and accounts are being examined, and their deputies and clerks, to render him assistance and give him information needed in the prosecution of his investigations. The examiner shall have the same power to punish a witness who fails or refuses to attend and testify before him as conferred by law on justices of the peace; and an officer, his deputy or clerk, failing to give assistance or information to the examiner when required shall be punished as for a failure or refusal to perform official duty.

    Miss. Code Ann. § 19-3-51 (Supp. 2006) (county boards of supervisors):

    The board of supervisors shall have power to subpoena witnesses in all matters coming under its jurisdiction and to fine and imprison any person for a contempt committed while they are in session, the fine not to exceed Fifty Dollars ($50.00), and the imprisonment not to extend beyond the continuance of the term. The person so fined or imprisoned may appeal to the circuit court, as in other cases, from the order or judgment of the board, and such appeal shall operate as a supersedeas.

    Miss. Code Ann. § 27-3-35 (Supp. 2006) (tax commission):

    In all cases of valuation or ownership of property which has escaped taxation, the Commissioner of Revenue may have subpoenaed witnesses to testify before any board of supervisors, board of mayor and aldermen, or other municipal governing authority, or before the commissioner himself, his designee or any other lawful taxing authority.

    Miss. Code Ann. § 31-3-13(c) (Supp. 2006) (state board of public contracts):

    The board shall have the following powers and responsibilities:

    ***

    To obtain information concerning the responsibility of any applicant for a certificate of responsibility or a holder of a certificate of responsibility under this chapter. Such information may be obtained by investigation, by hearings, or by any other reasonable and lawful means. The board shall keep such information appropriately filed and shall disseminate same to any interested person. The board shall have the power of subpoena.

    Miss. Code Ann. § 43- 9-13 (Supp. 2006) (old age assistance investigations):

    Whenever a county welfare agent receives an application for assistance under this chapter, an investigation and record shall promptly be made of the circumstances of the applicant to ascertain the facts supporting the application made under this chapter and such other information as may be required by the rules of the state board.

    The county department and the state department shall have the power to conduct examinations, subpoena witnesses, require the attendance of witnesses, and the production of books, records and papers, and make application to the circuit court of the county to compel the attendance of witnesses and the production of such books, records and papers. The county board and such officers and employees as are designated by the state commissioner may also administer oaths and affirmations.

    Miss. Code Ann. § 43-11-11 (Supp. 2006) (investigations of institutions for the aged or infirm):

    The licensing agency after notice and opportunity for a hearing to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter.

    Such notice shall be effected by registered mail, or by personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of such mailing or such service, at which time the applicant or licensee, shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty (30) day period, appeals the decision to the chancery court pursuant to Section 43-11-23.

    The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the licensing agency. A full and complete record shall be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless the decision is appealed pursuant to section 43-11-23. Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.

    Miss. Code Ann. § 43-13-121(4) (Supp. 2001, as amended) (medical commission):

    The division and its hearing officers shall have power to preserve and enforce order during hearings; to issue subpoenas for, to administer oaths to and to compel the attendance and testimony of witnesses, or the production of books, papers, documents and other evidence, or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law that may be necessary to enable them effectively to discharge the duties of their office. In compelling the attendance and testimony of witnesses, or the production of books, papers, documents and other evidence, or the taking of depositions, as authorized by this section, the division or its hearing officers may designate an individual employed by the division or some other suitable person to execute and return that process, whose action in executing and returning that process shall be as lawful as if done by the sheriff or some other proper officer authorized to execute and return process in the county where the witness may reside. In carrying out the investigatory powers under the provisions of this article, the executive director or other designated person or persons may examine, obtain, copy or reproduce the books, papers, documents, medical charts, prescriptions and other records relating to medical care and services furnished by the provider to a recipient or designated recipients of Medicaid services under investigation. In the absence of the voluntary submission of the books, papers, documents, medical charts, prescriptions and other records, the Governor, the executive director, or other designated person may issue and serve subpoenas instantly upon the provider, his or her agent, servant or employee for the production of the books, papers, documents, medical charts, prescriptions or other records during an audit or investigation of the provider. If any provider or his or her agent, servant or employee refuses to produce the records after being duly subpoenaed, the executive director may certify those facts and institute contempt proceedings in the manner, time and place as authorized by law for administrative proceedings. As an additional remedy, the division may recover all amounts paid to the provider covering the period of the audit or investigation, inclusive of a legal rate of interest and a reasonable attorney's fee and costs of court if suit becomes necessary. Division staff shall have immediate access to the provider's physical location, facilities, records, documents, books, and any other records relating to medical care and services rendered to recipients during regular business hours.

    Miss. Code Ann. § 43- 33-11(g) (Supp. 2006) (housing authority):

    An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others herein granted:

    ***

    (g) Acting through one or more commissioners or other person or persons designated by the authority: to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material to its information; to administer oaths, issue subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are outside of the state or unable to attend before the authority, or excused from attendance; to make available to appropriate agencies (including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or unsanitary structures within its area of operation) its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare.

    Miss. Code Ann. § 49-1-43(4)(a) (Supp. 2006) (wildlife, fisheries and parks board):

    (4) The director and each conservation officer shall have power, and it shall be the duty of the director and of each conservation officer:

    (a) To execute all warrants and search warrants for a violation of the laws and regulations relating to wild animals, birds and fish and to serve subpoenas issued for the examination and investigation or trial of offenses against any of the laws or regulations;

    Miss. Code Ann. § 49-17-21 (Supp. 2006) (air and water pollution board):

    (a) The commission or its duly authorized representative shall have the power to enter at reasonable times upon any private or public property, and the owner, managing agent or occupant of any such property shall permit such entry for the purpose of inspecting and investigating conditions relating to pollution or the possible pollution of any air or waters of the state and to have access to such records as the commission may require under subsection (b) of this section.

    (b) The commission may require the maintenance of records relating to the operation of air contamination sources or water disposal systems, and any authorized representative of the commission may examine and copy any such records or memoranda pertaining to the operation of such air contamination source or water disposal system. The records shall contain such information as the commission may require. Copies of such records shall be submitted to the commission upon request.

    (c) The commission may conduct, authorize or require tests and take samples of air contaminants or waste waters, fuel, process material or other material which affects or may affect (1) emission of air contaminants from any source, or (2) waste water disposal systems. Upon request of the commission, the person responsible for the source to be tested shall provide necessary sampling ports in stacks or ducts and such other safe and proper sampling and testing facilities as may be necessary for proper determination of the emission of air contaminants. If an authorized employee of the commission during the course of any inspection obtains a sample of air contaminant, fuel, process material or other material, he shall give the owner or operator of the equipment or fuel facility a receipt for the sample obtained.

    (d) The commission may require the installation, maintenance and use of such monitoring equipment and methods at such locations and intervals as the commission deems necessary.

    Miss. Code Ann. § 51-3-51 (Supp. 2006) (water commission):

    The procedures whereby the commission or an employee thereof may obtain a hearing before the commission on a violation of any provisions of this chapter, including a violation of the terms and conditions of any water permit issued by the board, or of a regulation or of any order of the commission or whereby any interested person may obtain a hearing on matters within the jurisdiction of the commission or a hearing on any order of the commission shall be as prescribed in Sections 49-17-31 through 49-17-41. Further, all proceedings before the permit board shall be conducted in the manner prescribed by Section 49-17-29.

    Miss. Code Ann. § 53-1- 35 (Supp. 2006) (oil and gas board):

    (a) The board, or any member thereof, or the supervisor is hereby empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before the board, and to require the production of such books, papers and records in any proceeding before the board as may be material upon questions lawfully before the board. Such subpoenas shall be served by the sheriff or any other officer authorized by law to serve process in this state. No person shall be excused from attending and testifying, or from producing books, papers and records before the board or a court, or from obedience to the subpoena of the board, or any member thereof, or the supervisor or a court on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry, not pertinent to some question lawfully before such board or court for determination. No natural person shall be subject to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may be required to testify or produce evidence, documentary or otherwise, before the board or court, or in obedience to any such subpoena, but no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

    (b) In case of failure or refusal on the part of any person to comply with any subpoena issued by the board, or any member thereof, or the supervisor, or in case of the refusal of any witness to testify or answer to any matter regarding which he may be lawfully interrogated, the judge of the chancery court of the county of the residence of such person, if a resident of Mississippi, or the judge of the chancery court of the county in which the land lies, or any portion thereof, out of which the controversy arises, if such person is not a resident of the State of Mississippi, on application of the board, or any member thereof, or the supervisor, may, in termtime or vacation, issue an attachment for such person and compel him to comply with such subpoena and to attend before the board and produce such documents, and give his testimony upon such matters, as may be lawfully required; and such court shall have the power to punish for contempt as in case of disobedience of like subpoenas issued by or from such court, or for a refusal to testify therein.

    Miss. Code Ann. § 59-21-127 (Supp. 2006) (boat and water safety commission):

    It shall be the duty of all enforcement officers to enforce, and to obey and carry out all instructions, directions, rules and regulations of the commission with respect to the enforcement of the provisions of this chapter. Each enforcement officer shall account for and pay over, pursuant to law, all monies received by him under this chapter.

    Such enforcement officers shall have the power, and it shall be their duty, to execute all warrants for violations of the rules and regulations of the commission and the provisions of this chapter; to serve subpoenas issued for the examination and investigation or trial of such violations; to board and examine, without warrant, any vessel required to be numbered under this chapter, to ascertain whether any of the provisions of this chapter or any rule or regulation of the commission has been or is being violated, and to use such force as may be necessary for the purpose of such examination and inspection; to arrest, without warrant, any person committing a violation of this chapter or the rules and regulations of the commission in the presence of the enforcement officers, and to take such person before a magistrate or court having jurisdiction for trial or hearing; and to exercise such other powers of peace officers in the enforcement of this chapter and the rules and regulations of the commission or of a judgment for the violation thereof, as are not herein specifically provided. No enforcement officers shall compromise or settle out of court any violation of the provisions of this chapter or any rule or regulation promulgated by the commission.

    Miss. Code Ann. § 61-1- 35 (Supp. 2006) (aeronautics commission):

    The commission, any member thereof, the director or any officer or employee of the commission designated by it, shall have the power to hold investigations, inquiries and hearings concerning matters covered by the provisions of this chapter and the rules, regulations and orders of the commission, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and, except as provided in this chapter, shall be held upon such call or notice as the commission shall deem advisable. Each member of the commission, the director and every officer or employee of the commission designated by it to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the commission or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.

    Miss. Code Ann. § 63-1-53(3) (Supp. 2006) (hearings to suspend driver's license):

    (3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practicable, but not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.

    Miss. Code Ann. § 63-17-97 (Supp. 2006) (motor vehicle commission):

    It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the commission, when so directed by the commission, to execute any summons, citation or subpoena which the commission may cause to be issued and to make return thereof to the commission. The sheriffs and constables so serving and returning same shall be paid for so doing the fees provided for such services in the circuit court. Any person who appears before the commission or a duly designated employee thereof in response to a summons, citation or subpoena shall be paid the same witness fee and mileage allowance as witnesses in the circuit court.

    In case of failure or refusal on the part of any person to comply with any summons, citation or subpoena issued and served as above authorized or in the case of the refusal of any person to be sworn or affirmed as a witness, or testify or answer to any matter regarding which he may be lawfully interrogated as a witness, or the refusal of any person to produce his record books and accounts relating to any matter regarding which he may be lawfully interrogated as a witness, the chancery court of any county of the State of Mississippi, or any chancellor of any such court in vacation, may, on application of the commission or of the executive director thereof, issue an attachment for such person and compel him to comply with such summons, citation or subpoena and to attend before the commission or its designated employee and to produce the documents specified in any subpoena duces tecum and to be sworn or affirmed as a witness or to give his testimony upon such matters as he may be lawfully required. Any such chancery court, or any chancellor of any such court in vacation, shall have the power to punish for contempt as in case of disobedience of like process issued from or by any such chancery court, or as in case of refusal to be sworn or affirmed as a witness, or as in case of refusal to testify as a witness therein in response to such process, and such person shall be taxed with the costs of such proceedings.

    Miss. Code Ann. § 63-19-29 (Supp. 2006) (motor vehicle sales finance law administrator):

    The administrator shall have power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence before him in any matter over which he has jurisdiction, control or supervision pertaining to this chapter. The administrator shall have the power to administer oaths and affirmations to any person whose testimony is required.

    If any person shall refuse to obey any such subpoena, or to give testimony, or to produce evidence as required thereby, any judge or chancellor of the chancery court of the first judicial district of Hinds County may, upon application and proof of such refusal, make an order awarding process of subpoena, or subpoena duces tecum, out of said court, for the witness to appear before the administrator and to give testimony, and to produce evidence as required thereby. Upon filing such order in the office of the clerk of the said chancery court, the clerk shall issue process of subpoena, as directed, under the seal of said court, requiring the person to whom it is directed, to appear at the time and place therein designated.

    If any person served with any such subpoena shall refuse to obey the same, and to give testimony, and to produce evidence as required thereby, the administrator may apply to any judge or chancellor of the chancery court of the first judicial district of Hinds County for an attachment against such person, as for a contempt. The judge, or chancellor, upon satisfactory proof of such refusal, shall issue an attachment, directed to any sheriff, constable or police officer, for the arrest of such person, and upon his being brought before such judge, proceed to a hearing of the case. The judge, or chancellor, shall have power to enforce obedience to such subpoena, and the answering of any question, and the production of any evidence, that may be proper by imposition of a fine, not exceeding one hundred dollars ($100.00), or by imprisonment in the county jail, or by both imposition of a fine and imprisonment, and to compel such witness to pay the costs of such proceeding to be taxed.

    Miss. Code Ann. § 73-7-27 (Supp. 2006) (cosmetology license revocation or suspension):

    . . . .

    (5) The board is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the board shall extend to all parts of the state and such process shall be served by any person designated by the board for such service. The person serving such process shall receive such compensation as may be allowed by the board, not to exceed the fee prescribed by law for similar services. All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the board, shall receive the same fees and mileage as allowed by law.

    (6) Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state, in the same manner as are enforced for the attendance and testimony of witnesses in civil cases in the courts of this state.

    Miss. Code Ann. § 73-13-15 (Supp. 2006) (engineer and land surveyor registration board):

    . . .

    In carrying into effect the provisions of Sections 73-13-1 through 73-13-105, the board, under the hand of its president or secretary and the seal of the board may subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, etc., in any case involving the disciplinary actions provided for in Section 73-13-37 or 73-13-89 or practicing or offering to practice without licensure. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, papers or documents, the board may present its petition to such authority as may have jurisdiction, setting forth the facts, and thereupon such authority shall, in a proper case, issue its subpoena to such person, requiring his attendance before such authority and there to testify or to produce such books, papers, and documents, as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey the subpoena or order of the said authority may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the authority.

    Miss. Code Ann. § 73-21-99 (Supp. 2006) (disciplinary proceedings against pharmacists):

    . . . .

    (4) The board, acting by and through its executive director, is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers at such hearing. Process issued by the board shall extend to all parts of the state and shall be served by any person designated by the board for such service.

    (5) The accused shall have the right to appear either personally or by counsel, or both, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.

    (6) At the hearing, the board shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the board, which shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient evidence to sustain it.

    (7) Where, in any proceeding before the board, any witness fails or refuses to attend upon a subpoena issued by the board, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of such witness, the giving of his testimony or the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

    (8) The board shall, within thirty (30) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such licensee or permit holder by way of United States first-class, certified mail, postage prepaid.

    Miss. Code Ann. § 73-25-27 (Supp. 2006) (disciplinary proceedings against physicians):

    The State Board of Medical Licensure after notice and opportunity for a hearing to the licentiate, is authorized to suspend or revoke for any cause named in this chapter any license it has issued, or the renewal thereof, that authorizes any person to practice medicine, osteopathy, or any other method of preventing, diagnosing, relieving, caring for, or treating, or curing disease, injury or other bodily condition. . . . For the purpose of the hearing the board, acting by and through its executive office, may subpoena persons and papers on its own behalf and on behalf of the licentiate, including records obtained under Section 73-25-28 and Section 73-25-83(c), may administer oaths and the testimony when properly transcribed, together with the papers and exhibits, shall be admissible in evidence for or against the licentiate.

    Miss. Code Ann. § 73-29-37(b) (Supp. 2006) (disciplinary proceedings against polygraph examiners):

    The board shall conduct the administrative hearings and it is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, etc. On the basis of the evidence submitted at the hearing, the board shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.

    Miss. Code Ann. § 73-35-23 (Supp. 2006) (disciplinary proceedings against real estate brokers):

    . . . .

    (3) The commission is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the commission shall extend to all parts of the state, and such process shall be served by any person designated by the commission for such service. The person serving such process receive such compensation as may be allowed by the commission, not to exceed the fee prescribed by law for similar services. All witnesses who are subpoenaed and who appear in any proceedings before the commission receive the same fees and mileage as allowed by law, and all such fees shall be taxed as part of the costs in the case.

    (4) Where in any proceeding before the commission any witness shall fail or refuse to attend upon subpoena issued by the commission, shall refuse to testify, or shall refuse to produce any books and papers the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the same manner as the attendance and testimony of witnesses in civil cases are enforced in the courts of this state.

    Miss. Code Ann. § 75-35-315 (Supp. 2006) (meat inspections):

    (1) For the purposes of this chapter, the commissioner shall at all reasonable times have access to, for the purpose of examination, and the right to copy, any documentary evidence of any person, firm, or corporation being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person, firm, or corporation relating to any matter under investigation. The commissioner may issue and sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.

    (2) Such attendance of witnesses, and the production of such documentary evidence, may be required at any designated place of hearing. In case of disobedience to a subpoena, the commissioner may invoke the aid of any court designated in Section 75-35-307 in requiring the attendance and testimony of witnesses and the production of documentary evidence.

    (3) Any of the courts designated in Section 75-35-307 within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, firm, or corporation, issue an order requiring such person, firm, or corporation to appear before the commissioner, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

    . . .

    Miss. Code Ann. § 75-49-13(8) (Supp. 2006) (proceedings involving mobile homes):

    It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the commissioner, when so directed by the commissioner, to execute any summons, citation or subpoena which the commissioner may cause to be issued and to make his return thereof to the commissioner. The sheriffs and constables so serving and returning same shall be paid for so doing fees provided for such services in the circuit court. Any person who appears before the commissioner or a duly designated employee of his department in response to a summons, citation or subpoena shall be paid the same witness fee and mileage allowance as witnesses in the circuit court. In case of failure or refusal on the part of any person to comply with any summons, citation or subpoena issued and served as above authorized or in the case of the refusal of any person to testify or answer to any matter regarding which he may be lawfully interrogated or the refusal of any person to produce his record books and accounts relating to any matter regarding which he may be lawfully interrogated, the chancery court of any county of the State of Mississippi, or any chancellor of any such court in vacation, may, on application of the commissioner, issue an attachment for such person and compel him to comply with such summons, citation or subpoena and to attend before the commissioner or his designated employee and to produce the documents specified in any subpoena duces tecum and give his testimony upon such matters as he may be lawfully required. Any such chancery court, or any chancellor of any such court in vacation, shall have the power to punish for contempt as in case of disobedience of like process issued from or by any such chancery court, or by refusal to testify therein in response to such process, and such person shall be taxed with the costs of such proceedings.

    Miss. Code Ann. § 75-67-223 (Supp. 2006) (hearings on denials of small loan licenses):

    All such hearings shall be held and conducted in the office of the comptroller, and the applicant and any and all other interested persons may appear and present such evidence as shall be relevant and material and the comptroller may cause the production and presentation of such evidence as he may deem relevant and material. At all such hearings, the applicant shall have the right to be represented by counsel and to examine and cross-examine any and all witnesses that may testify at such hearing. For the purpose of compelling the attendance of witnesses at such hearing, the comptroller shall have the power to issue subpoenas therefor in the same manner as subpoenas are issued in circuit courts. All witnesses who shall testify at any such hearing shall be sworn in the same manner as witnesses are sworn in the circuit courts and shall be subject to penalties for perjury as is otherwise provided under the laws of this state.

    Miss. Code Ann. § 75-71-602 (securities regulations hearings):

    (a) Authority to investigate. The administrator may:

    (1) Conduct public or private investigations within or outside of this state which the administrator considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter;

    (2) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the administrator determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and

    (3) Publish a record concerning an action, proceeding, or an investigation under, or a violation of, this chapter or a rule adopted or order issued under this chapter if the administrator determines it is necessary or appropriate in the public interest and for the protection of investors.

    (b) Administrator powers to investigate. For the purpose of an investigation under this chapter, the administrator or its designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the administrator considers relevant or material to the investigation.

    (c) Procedure and remedies for noncompliance. If a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the administrator under this chapter, the administrator may apply to the Chancery Court of the First Judicial District of Hinds County, Mississippi, or a court of another state to enforce compliance. The court may:

    (1) Hold the person in contempt;

    (2) Order the person to appear before the administrator;

    (3) Order the person to testify about the matter under investigation or in question;

    (4) Order the production of records;

    (5) Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice; and

    (6) Grant any other necessary or appropriate relief.

    (d) Application for relief. This section does not preclude a person from applying to the Chancery Court of the First Judicial District of Hinds County, Mississippi, or a court of another state for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena.

    (e) Use immunity procedure. An individual is not excused from attending, testifying, filing a statement, producing a record or other evidence, or obeying a subpoena of the administrator under this chapter or in an action or proceeding instituted by the administrator under this chapter on the ground that the required testimony, statement, record, or other evidence, directly or indirectly, may tend to incriminate the individual or subject the individual to a criminal fine, penalty, or forfeiture. If the individual refuses to testify, file a statement, or produce a record or other evidence on the basis of the individual's privilege against self-incrimination, the administrator may apply to the Chancery Court of the First Judicial District of Hinds County, Mississippi, to compel the testimony, the filing of the statement, the production of the record, or the giving of other evidence. The testimony, record, or other evidence compelled under such an order may not be used, directly or indirectly, against the individual in a criminal case, except in a prosecution for perjury or contempt or otherwise failing to comply with the order.

    (f) Assistance to securities regulator of another jurisdiction. At the request of the securities regulator of another state or a foreign jurisdiction, the administrator may provide assistance if the requesting regulator states that it is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to securities matters that the requesting regulator administers or enforces. The administrator may provide the assistance by using the authority to investigate and the powers conferred by this section as the administrator determines is necessary or appropriate. The assistance may be provided without regard to whether the conduct described in the request would also constitute a violation of this chapter or other law of this state if occurring in this state. In deciding whether to provide the assistance, the administrator may consider whether the requesting regulator is permitted and has agreed to provide assistance reciprocally within its state or foreign jurisdiction to the administrator on securities matters when requested; whether compliance with the request would violate or prejudice the public policy of this state; and the availability of resources and employees of the administrator to carry out the request for assistance.

    Miss. Code Ann. § 77-5-17 (Supp. 2006) (board of directors of rural electrification authority):

    The board shall have power to do all things necessary or convenient in conducting the business of the authority, including, but not limited to:

    . . . .

    (4) To inquire into any matter relating to the affairs of the authority, to compel by subpoena the attendance of witnesses and the production of books and papers material to any such inquiry, to administer oaths to witnesses and to examine witnesses and such books and papers;

    . . . .

    Miss. Code Ann. § 81-1-85 (Supp. 2006) (bank examinations):

    . . . .

    The commissioner or an examiner shall have the authority to administer oaths and to examine under oath the officers, agents, clerks, employees and stockholders of any bank, or any other person touching the matters into which he is directed to examine by law. Any person who willfully makes any false statement under oath in such examination shall be deemed guilty of perjury, and upon conviction thereof shall be punished as provided by law. If any officer, agent, clerk or stockholder of any bank, when under oath, willfully misrepresents in any manner to the commissioner, an examiner, or his assistant, the condition of the bank, or any of its property, or purposely misleads the commissioner or any examiner, or makes false statements regarding the condition of the bank, or any part of its business, such person shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) or imprisoned in the county jail not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.

    Miss. Code Ann. § 81-13-1(5) (Supp. 2006) (hearings on denial of application for license of credit union):

    All such hearings shall be held and conducted in the office of the commissioner, and the applicant and any and all other interested persons may appear and present such evidence as shall be relevant and material and the commissioner may cause the production and presentation of such evidence as deemed relevant and material. At all such hearings the applicant shall have the right to be represented by counsel and to examine and cross-examine any and all witnesses that may testify at such hearing. For the purpose of compelling the attendance of witnesses at such hearing the commissioner shall have the power to issue subpoenas therefor in the same manner as subpoenas are issued in circuit courts. All witnesses who shall testify at any such hearing shall be sworn in the same manner as witnesses are sworn in the circuit courts and shall be subject to penalties for perjury as is otherwise provided under the laws of this state.

    Miss. Code Ann. § 81-13-17 (Supp. 2006) (examination of credit union license applications by department of bank supervision:

    Each credit union shall be examined at least once per eighteen-month period by the Commissioner of Banking and Consumer Finance. The commissioner may conduct other examinations and the commissioner or examiners of the Department of Banking and Consumer Finance shall at all times be given free access to all the books, papers, securities and other sources of information in respect to the credit union. For that purpose he shall have the power to subpoena and examine personally or through one (1) of his deputies, or examiners, duly authorized, witnesses on oath and documents pertaining to the business of the credit union. . . .

    Miss. Code Ann. § 83-5-39(4) (Supp. 2006) (hearing on charges of unfair business practices by insurance companies):

    The commissioner, upon such hearing, may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, or other documents which he deems relevant to the inquiry. The commissioner, upon such hearing, may, and upon the request of any party shall, cause to be made a stenographic record of all the evidence and all the proceedings had at such hearing. If no stenographic record is made and if a judicial review is sought, the commissioner shall prepare a statement of the evidence and proceeding for use on review. In case of a refusal of any person to comply with any subpoena issued hereunder or to testify with respect to any matter concerning which he may be lawfully interrogated, the circuit court of Hinds County, on application of the commissioner, may issue an order requiring such person to comply with such subpoena and to testify; and any failure to obey any such order of the court may be punished by the court as a contempt thereof.

    view more
  • Missouri

    There is no statutory or case law addressing this issue.

    view more
  • Montana

    Some administrative bodies can serve subpoenas, but these must be enforced through the courts.

    view more
  • Nebraska

    No different procedures, except that a subpoena issuing from a state administrative agency must generally include with the subpoena a statement prepared by the agency outlining the rate of travel pay and fees the witness will be paid for attending.

    view more
  • Nevada

    Certain administrative proceedings may require application to a hearing officer or other appropriate authority to obtain permission to issue a subpoena. Once approved, there are no special rules regarding the use of other administrative subpoenas, police subpoenas or fire subpoenas.

    view more
  • New Hampshire

    There are no special rules regarding the use or service of police or other administrative subpoenas.

    view more
  • New Jersey

    A subpoena issued by a prosecutor must be served at least 5 days prior to trial. Administrative agencies may set their own rules.

    view more
  • New Mexico

    Various administrative agencies, including the state fire marshal, enjoy the power to subpoena witnesses. State law supplies few, if any, special rules regarding the use and service of administrative subpoenas, though a person receiving such a subpoena should always consult the particular statutory authority cited in support of it.

    view more
  • New York

    There is no statutory or case law addressing this issue.

    view more
  • North Carolina

    Subpoenas in administrative proceedings governed by the administrative code are issued and served in accordance with Rule 45 of the North Carolina Rules of Civil Procedure. N.C. Gen. Stat. § 150B-27. State law enforcement officers may serve a subpoena on behalf of an agency that is a party to the contested case by any method by which a sheriff may serve a subpoena, including telephone service.

    Subpoenas in administrative proceedings not governed by the administrative code are issued in accordance with the statutes governing that body. See, e.g., N.C. Gen. Stat. § 62-62 (Utilities Commission).

    view more
  • North Dakota

    North Dakota does not have any special rules regarding the use and service of other administrative subpoenas, such as police or fire investigation subpoenas.

    view more
  • Ohio

    Rule 45(B), Ohio Rules of Civil Procedure:

    A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or a deputy of any, by an attorney at law, or by any other person designated by order of court who is not a party and is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy of the subpoena to the person, by reading it to him or her in person, by leaving it at the person's usual place of residence, or by placing a sealed envelope containing the subpoena in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal authority to show to whom delivered, date of delivery and address where delivered, and by tendering to the person upon demand the fees for one day's attendance and the mileage allowed by law. The person responsible for serving the subpoena shall file a return of the subpoena with the clerk. When the subpoena is served by mail delivery, the person filing the return shall attach the signed receipt to the return. If the witness being subpoenaed resides outside the county in which the court is located, the fees for one day's attendance and mileage shall be tendered without demand. The return may be forwarded through the postal service or otherwise.

    Rule 17(D), Ohio Rules of Criminal Procedure:

    A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, marshal, or a deputy of any, by a municipal or township policeman, by an attorney at law or by any person designated by order of the court who is not a party and is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person or by reading it to him in person or by leaving it at his usual place of residence, and by tendering to him upon demand the fees for one day's attendance and the mileage allowed by law. The person serving the subpoena shall file a return thereof with the clerk. If the witness being subpoenaed resides outside the county in which the court is located, the fees for one day's attendance and mileage shall be tendered without demand. The return may be forwarded through the postal service, or otherwise

    view more
  • Oklahoma

    There are no special rules of which we are aware for administrative subpoenas.  Various state agencies have subpoena power, but the agencies are subject to traditional time requirements.

    view more
  • Oregon

    No statutory or case law addressing this issue.

    view more
  • Pennsylvania

    There are numerous provisions, under Pennsylvania law, which provide administrative bodies with the power to issue subpoenas. For example:

    • A fire marshal or deputy fire marshal has the power to compel, by subpoena, the examination of any person or the production of documents in relation to any fire. 16 Pa. Stat. § 6106. If a person refuses to appear or to produce documents, the marshal may, upon approval of the superintendent of county police and an authorized representative of the district attorney’s office, jail the person until he or she agrees to comply with the subpoena. The mayor of the City of Philadelphia has similar authority. 53 Pa. Stat. § 16599.
    • The Office of Victims’ Services, which is responsible for administering claims for compensation by victims of crime, has the power to subpoena testimony and the production of evidence. 18 Pa. Stat. § 11.312.
    • Housing authority members (administrators appointed by certain municipalities and counties) have the power to subpoena testimony and the production of evidence and to apply to the court for a finding of contempt for any failure to comply with a subpoena. 35 Pa. Stat. § 1550.
    • The Attorney General has the authority to subpoena testimony and the production of evidence and to apply to the court for a finding of contempt for any failure to comply with a subpoena. See, e.g., 35 Pa. Stat. § 7131.503; 10 Pa. Stat. § 162.16.
    • The Department of Public Welfare has the power to issue administrative subpoenas for financial and other information to help it establish or enforce support payments. Failure to comply with a subpoena may result in a civil penalty of up to $5,000. . The statute expressly provides that the Department can issue administrative subpoenas “for the records of . . . cable television companies with respect to individuals who owe or are owed support or against whom or with respect to whom a support obligation is sought, consisting of the names and addresses of such individuals and the names and addresses of their employers.”  Id. § 4377(a)(4).
    • The city councils in certain cities may subpoena appearance and testimony in conjunction with an investigation of allegedly negligent or improper official conduct of city officers. 53 Pa. Stat. § 22237.

    If a reporter receives an administrative subpoena under these or other statutes or rules, the reporter should invoke the Shield Law and/or First Amendment privilege.  (discussing witness’s invocation of the Shield Law and reporter’s privilege in response to subpoena, but holding that the privilege did not apply in the case because the witness had obtained the requested material “in the course of managing the property” at issue and “not in the course of reporting the news”).

    view more
  • Rhode Island

    There is no statutory or case law addressing this issue.

    view more
  • South Carolina

    Civil subpoenas can be served by anyone not less than 18 years of age who is not a party to the proceeding. Criminal subpoenas are to be served by the sheriff in the county where the person served is located. Service is made by personal delivery.

    view more
  • South Dakota

    No special rules for media.

    view more
  • Tennessee

    Various state and local administrative bodies have subpoena power, and procedures for issuing these subpoenas vary according to the rules governing each such body. Police departments generally do not have subpoena power under Tennessee law.

    view more
  • Texas

    There are no special rules regarding the use and service of police or other administrative subpoenas; although, search warrants on Texas newsrooms are prohibited under Tex. Code Crim. Proc. art. 18.01(e).

    view more
  • Utah

    County and state prosecutors investigating violations of controlled substance laws may issue administrative subpoenas to third parties. Utah Code Ann. § 77-22a-1. The administrative subpoena power in this context is not explicitly limited by the First Amendment, although the power is restricted where “it is clear” that the information sought is “subject to a claim of protection under the Fourth, Fifth, or Sixth Amendment” and corresponding state constitutional provisions. Utah Code Ann. § 77-22a-1(1)(a).

    Parties appearing before the State Records Committee may subpoena witnesses with the approval of the committee chair, as long as the subpoenas are served at least seven days before the scheduled hearing. Utah Admin. Code R35-5-2(3). A former city councilman seeking certain city records in 2008 gained approval of the committee chair to subpoena three newspaper reporters who had covered the story of the councilman's criminal citation for allegedly assaulting a city police officer. See State Records Committee Appeal 98-08, available at http://www.archives.utah.gov/src/srcappeal-1998-08.html. One of the subpoenas was not served because the reporter had temporarily left the state. See id. Attorneys for one of the other journalists argued before the committee that his testimony could not be compelled and the reporter simply did not show up at the hearing. See id. The subpoena of the third journalist was quashed by the State Records Committee because the subpoena placed an undue burden on the reporter and because the reporter's testimony was not material. See id.

    view more
  • Vermont

    The chair of an administrative board, commission or panel, a hearing officer appointed by an administrative board, commission, or panel, or a licensed attorney representing a party appearing before an administrative board, commission, or panel may subpoena the attendance and testimony of any witness, including members of the media, and may subpoena the production of books and records. 3 V.S.A. § 809(h). Administrative subpoenas are enforceable by the superior court in the county where the administrative proceeding is or will be held. Id. § 809a(b). Motions to modify or vacate the administrative subpoena must be brought in that same court. Id. § 809b(a).

    view more
  • Virginia

    Generally, administrative agencies have the power to, at the request of a party, issue subpoenas. See, e.g., Va. Code §§ 2.2-4022, 9.1-206, 18.2-456(5), 19.2-267.1.

    view more
  • Washington

    Washington's courts of limited jurisdiction have adopted rules that are similar to its Superior Court rules. See CRLJ 45 (civil subpoenas); CrRLJ 4.6(c), 4.8 (criminal discovery, subpoenas).

    view more
  • West Virginia

    Although there are no cases directly discussing special criteria for issuance of an administrative subpoena to a journalist, generally speaking, there are special rules regarding the use and service of other administrative subpoenas. Regarding the use of such subpoenas, the subject or target of an administrative subpoena has an opportunity to challenge the subpoena before yielding that information. In the course of that resistance, privileges, privacy rights and the unreasonableness of an administrative subpoena are available defenses against enforcement of the subpoena. State ex rel. Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12, 17-18 (1996).

    The requirements for the enforcement of an administrative subpoena are "tightly drawn." Generally, in order to obtain judicial enforcement of an administrative subpoena, the burden is on the agency to prove that (1) the subpoena is issued for a legislatively authorized purpose, (2) the information sought is relevant to the authorized purpose, (3) the information sought is not already within the agency's possession, (4) the information sought is adequately described, and (5) proper procedures have been employed in issuing the subpoena. When the subpoena is issued to a member of the press, the Hudok protections also would apply.

    view more
  • Wisconsin

    There are no special rules in Wisconsin regarding the service of police or other administrative subpoenas.

    view more
  • Wyoming

    No special rules exist regarding the use or service of administrative subpoenas.

    view more