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To: Ditchdigger who wrote (46201)	4/27/1998 8:34:00 AM
From: tonto	Respond to of 55532

what exemptions exist, exactly?

To: Ditchdigger who wrote (46201)	4/27/1998 2:31:00 PM
From: Ditchdigger	Read Replies (2) \| Respond to of 55532

4641. Subpoena authority (a) In general In the course of or in connection with any administrative proceeding under this subchapter, the Director shall have the authority - (1) to administer oaths and affirmations; (2) to take and preserve testimony under oath; (3) to issue subpoenas and subpoenas duces tecum; and (4) to revoke, quash, or modify subpoenas and subpoenas duces tecum issued by the Director. (b) Witnesses and documents The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State at any designated place where such proceeding is being conducted. (c) Enforcement The Director may request the Attorney General of the United States to bring an action in the United States district court for the judicial district in which such proceeding is being conducted, or where the witness resides or conducts business, or the United States District Court for the District of Columbia, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section or may, under the direction and control of the Attorney General, bring such an action. Such courts shall have jurisdiction and power to order and require compliance therewith. (d) Fees and expenses Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. Any court having jurisdiction of any proceeding instituted under this section by an enterprise may allow to any such party such reasonable expenses and attorneys fees as the court deems just and proper. Such expenses and fees shall be paid by the enterprise or from its assets.

To: Ditchdigger who wrote (46201)	4/27/1998 2:40:00 PM
From: Ditchdigger	Respond to of 55532

How to Subpoena a Witness It is often very helpful to have a witness in court with you who knows first hand the facts of the case and can support your point of view. Or, you may need documents or records to prove your case. If your witness will not come to court voluntarily, or will not voluntarily provide the documents or records you need, you can subpoena them. A subpoena is a court order which requires a person to come to court. A Subpoena Duces Tecum is a court order which requires a person to bring certain papers or records to court. These documents must be delivered to the court on or before the date of the trial. You can get a subpoena or a Subpoena Duces Tecum from the Small Claims Court Clerk. A copy of the subpoena must be delivered to the witness personally. Any person, including yourself, may deliver the subpoena. You must return the original subpoena, the one with the seal on it, to the court. Serve the copy. A witness can ask for fees of $35 per day and 20 cents a mile each way. Witness fees for law officers are higher. If a witness asks for fees, they do not have to appear if they are not received. The person who serves the subpoena should be prepared to pay the fees at the time of service if they are requested. If the witness does not ask for fees, you do not have to offer them. To subpoena documents or other papers, ask the Clerk for a Subpoena Duces Tecum. You will need to know exactly which documents or papers you need, since Subpoena Duces Tecum must be served with a copy of a declaration describing the documents you need. The declaration is part of the subpoena that the clerk will give you. After the subpoena is served, a Proof of Service form with the original subpoena must be filed with the Small Claims Court Clerk before the hearing date.