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(10.32) How can I subpoena witnesses?

(10.32) How can I subpoena witnesses?

Call the Office of Administrative Hearings (OAH) and ask for a subpoena (pronounced “sub-PEE-NA”).[1]You can see the OAH hearing calendar, previously issued hearing decisions and forms online at www.oah.dgs.ca.gov/default.htm. You can also print a copy of the OAH subpoena form at … Continue reading You should get a subpoena for anyone whose testimony is very important to your case. That way, if that person cannot come to the hearing you have a good reason to ask for a postponement (continuance). If you want the person to bring certain documents to the hearing, ask OAH for a subpoena duces tecum. The back of the subpoena tells you how to serve the witness. Expert witnesses, like doctors, may charge a fee to testify. If they do, you are the person who has to pay that fee.[2]If the doctor or other expert cannot afford to be away from his or her work or patients or you cannot afford the fee, you can ask the OAH for permission for your witness to testify by telephone. This … Continue reading Hearing forms, including the subpoena form are here: https://www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Forms/Page-Content/DDS-Forms

References
1 You can see the OAH hearing calendar, previously issued hearing decisions and forms online at www.oah.dgs.ca.gov/default.htm. You can also print a copy of the OAH subpoena form at www.documents.dgs.ca.gov/oah/forms/oah1-subpoena.pdf.
2 If the doctor or other expert cannot afford to be away from his or her work or patients or you cannot afford the fee, you can ask the OAH for permission for your witness to testify by telephone. This is a common practice in Medi-Cal fair hearings administered by the Department of Social Services’ Fair Hearing Division. Send your request to the OAH presiding judge, and send a copy to the regional center. Your request should include your case number. Contact OAH at (916) 341-6990 about where to fax or mail your request. If you run into any problems getting OAH to agree to telephone testimony, contact Disability Rights California or OCRA immediately.