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oah

Office of Administrative Hearings

OAH will be closed on Thursday, April 4, 2024 for all-staff training.
Click this link to access the eFiling Portal:https://oah.dc.gov/page/oah-efiling-portal.

Subpoena Request

A subpoena is a written court order that either:

  • requires a person to come to a hearing to testify as a witness, or
  • requires a person or organization to provide documents or permit inspection.

You may need a subpoena if you know someone who has important information – whether personal knowledge or documents about the issues in the case – but that person is not willing to come to the hearing to testify as a witness or give you copies of the documents. A subpoena requires them to do so.

Subpoenas are usually for someone who is not a party to the case. But you may also request a subpoena to get documents from an opposing party, if the party refuses to voluntarily share the information. Visit the Discovery Request page for other ways to require an opposing party to share information.

The subpoena process has two steps.

  • First, you must request and receive a signed subpoena from OAH.
  • Second, you must then give the subpoena to the witness or whoever must provide documents. This second step is called “service” of the subpoena, and there are specific OAH rules for how a subpoena must be served.

This page explains each step and has forms to help you with the process.

How do I request a subpoena?

All case types at OAH require the same process for requesting a subpoena, except for some circumstances in unemployment benefits cases and rental housing cases. If you have one of these case types, click the tabs to see if special rules apply.

Special rules for Unemployment Benefits cases

In an unemployment benefits case, each party can get no more than three subpoenas directly from the OAH Clerk’s Office without a judge’s order, but only if the subpoena is for one of the following purposes:

  • to compel someone to come to a hearing who has direct knowledge of the Claimant’s separation from employment.
  • to compel the production at a hearing of documents in the other party’s possession that directly relate to the claimant’s separation from employment. These documents must be dated no earlier than 6 months before the date of separation.

Since these subpoenas do not require a judge to review and grant a request, you may simply send a request in writing to the OAH Clerk’s Office, and the Clerk’s Office will send you up to three pre-signed but otherwise blank subpoenas. You then need to complete the rest of the information before serving the subpoenas.

Use this form to request these types of subpoenas in an unemployment benefits case.

If you want more than three subpoenas, or if you want a subpoena for a purpose other than the two listed above, you must follow the steps below for all other circumstances.

See OAH Rule 2984 for additional rules for subpoenas in unemployment benefits cases. You can find the OAH Rules on the Rules & Laws page.

Special rules for Rental Housing cases

In a rental housing case, each side can get no more than three subpoenas directly from the OAH Clerk’s Office without a judge’s order, but only if the subpoena is for one of the following purposes:

  • To compel the appearance at a hearing of any witnesses, including housing inspectors, with knowledge of conditions, repairs, or maintenance in a party’s rental unit or any common areas for the three-year period immediately before the filing of the petition with the Rent Administrator;
  • To compel the production at or before a hearing of all records not created by a government agency, relating to conditions, repairs, or maintenance to a party’s rental unit or any common areas for the three-year period immediately before the filing of the petition with the Rent Administrator;
  • To compel the production at or before a hearing of housing violation notices in the possession of the Department of Consumer and Regulatory Affairs relating to a party’s rental unit or any common areas for the three-year period immediately before the filing of the petition with the Rent Administrator.
  • To compel the production at or before a hearing of all records in a housing provider’s possession relating to any rent increases demanded or implemented for a party’s rental unit for the three-year period immediately before the filing of the petition with the Rent Administrator.

Since these subpoenas do not require a judge to review and grant a request, you may simply send a request in writing to the OAH Clerk’s Office, and the Clerk’s Office will send you up to three pre-signed but otherwise blank subpoenas. You then need to complete the rest of the information before serving the subpoenas.

Use this form to request these types of subpoenas in a rental housing case.

If you want more than three subpoenas, or if you want a subpoena for a purpose other than the two listed above, you must follow the steps below for all other circumstances.

See OAH Rule 2934 for additional rules for subpoenas in rental housing cases. You can find the OAH Rules on the Rules & Laws page.

 

For all other circumstances, a subpoena request must be in writing and must include two things:

  • A written explanation of the relevance of the requested testimony or documents, and
  • A proposed subpoena.
You can use this form to give your written explanation of the relevance of the requested testimony or documents.
If you want a subpoena that requires a witness to come to a hearing, use this form to make your proposed subpoena. For your request, you only need to complete the first page. The second page is completed when a subpoena is served.
If you want a subpoena that require someone to give you documents or allow inspection of a property, use this form to make your proposed subpoena. For your request, you only need to complete the first page. The second page is completed when a subpoena is served.

Go to the Filings & Forms homepage for instructions on how you can file your subpoena request and proposed subpoena.

If the judge grants your request, the judge will sign the subpoena and send it back to you. It is then your responsibility to make sure the person or organization named in the subpoena gets the signed copy by the relevant deadline. The judge can “quash” a subpoena if it is not served properly or on time, meaning the judge can void the subpoena so that it no longer has any effect. See OAH Rule 2824.13 for other reasons a judge may quash or modify a subpoena. You can find the OAH Rules on the Rules & Laws page.

How do I serve a subpoena?

When requiring a witness to come to a hearing, the subpoena must be served by personally delivering the subpoena to the witness.

When requiring a person or organization to produce documents, the subpoena can be served by any of the following methods:

  • Handing it to the person or to a representative of the person or organization;
  • Leaving it at a person’s office with a responsible adult, or if no one is available, leaving it in a conspicuous place in the office;
  • Leaving it with a responsible adult at an organization’s office that is connected to the case;
  • Mailing it to the last known address of the person;
  • Mailing it to the last known address of an organization’s office connected to the case; or
  • Delivering it by any other means, including electronic means, if consented to in writing by the person or organization served, or as ordered by an Administrative Law Judge.

Anyone who is at least 18 years old, including a party, can serve a subpoena. So, if you need to serve a subpoena by personal delivery, you or a family member or friend could deliver a subpoena, or you could hire a professional “process server.”

For additional information and requirements, see the OAH Rule 2824. You can find the OAH Rules on the Rules & Laws page.

What do I do if someone refuses to comply with a subpoena?

A person subject to a subpoena may have a valid reason for refusing to comply and can request that a subpoena be “quashed,” or made void. OAH Rule 2824.13 gives reasons why a judge may grant a request to quash a subpoena.

But if a person refuses to comply with a valid subpoena, you can let the judge know in writing. OAH does not have a specific form for this purpose, but you can explain the situation on a Blank Submission Form and file it with OAH.

In response, the judge may first try to order compliance. If the person refuses an order, the judge may impose monetary sanctions. You may also ask the D.C. Superior Court for an order requiring the person to show cause (or explain) why the person should not be held in civil contempt.

If you still have questions, you may contact the OAH Resource Center by calling (202) 442-9094 and pressing “4” from the main menu, or by emailing [email protected].