Article 15. Subpoenas

59. (Rule 59)  Definitions

(a) A subpoena is an order directing a person to appear at a particular time and place to testify as a witness at a hearing or at a deposition.

(b) A subpoena duces tecum is an order directing a person to appear and to bring any documents or other things under the witness's control.  A subpoena duces tecum may also be used to require the production of documents or other things when the appearance of the witness is not necessary.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 1985, Code of Civil Procedure; Sections 1560 through 1566, Evidence Code.

59.1. (Rule 59.1)  Cooperation and Agreement Encouraged

Although this article sets forth the formal requirements for compelling the attendance of witnesses and the production of documents and other things, the Commission encourages parties to cooperate and agree among themselves on arrangements for the attendance of party-affiliated witnesses and the production of documents or other things under such witnesses' control, in keeping with the informal nature of proceedings before the Commission.  To the extent permitted by law, the Commission will honor and enforce parties' agreements on the attendance of witnesses and the production of documents and other things to the same extent as subpoenas and subpoenas duces tecum.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.

59.2. (Rule 59.2)  Issuance

Requests for subpoenas and subpoenas duces tecum must be made to the administrative law judge assigned to the proceeding. If no administrative law judge is assigned to the proceeding, requests may be made to the Executive Director at the Commission's San Francisco or Los Angeles office.  Subpoenas and subpoenas duces tecum may be issued by the Commission, each Commissioner, the Executive Director, the Assistant Executive Director, or the administrative law judge.  Persons who are not parties to the proceeding will not be issued subpoenas or subpoenas duces tecum and may not use the Commission's subpoena or subpoena duces tecum to request the attendance of witnesses or the production of documents or other things.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Sections 308, 311 and 1794, Public Utilities Code; Section 1985, Code of Civil Procedure.

60. (Rule 60)  Contents and Service

(a) When it is issued, the subpoena or subpoena duces tecum will be signed and sealed but will otherwise be blank.  All appropriate portions of the blank subpoena or subpoena duces tecum must be completed by the party before it is served.

(b) A copy of an affidavit must be served with a subpoena duces tecum.  The affidavit must show good cause for the production of the documents or other things described in the subpoena, specify the exact documents or things to be produced, set forth in full detail the materiality of the requested documents or things to the issues raised in the proceeding, and state that the requested documents or things are in the possession or under the control of the witness.  The party requesting production of the documents or other things must retain the original affidavit, and produce it at the request of the administrative law judge, until either  all requested documents or other things have been produced or all motions related to the subpoena duces tecum have been finally resolved.

(c) Service of a subpoena or subpoena duces tecum must be made by delivering a copy to the witness personally, giving or offering to the witness at the same time, if demanded by him or her, the fees to which he or she is entitled under Public Utilities Code § 1791 (see Government Code § 68093).  The service must be made early enough to allow the witness a reasonable time for preparation and travel to the place of attendance.  Service may be made by any person.

(d) The provisions of § 1985.3 of the Code of Civil Procedure apply to subpoenas of a consumer's personal records, as defined by § 1985.3(a) of the Code of Civil Procedure.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 1791, Public Utilities Code; Sections 1985.3, 1986.5 and 1987, Code of Civil Procedure.

61. (Rule 61)  Motions to Quash or for Protective Orders

Motions to quash a subpoena or for protective orders must be filed at the earliest opportunity and must comply with the requirements of Rule 45.  In response to such motions or upon the motion of the Commission, a Commissioner, or the administrative law judge after giving notice and an opportunity to be heard, the Commission, a Commissioner, or the administrative law judge may make an order quashing the subpoena entirely, modifying it, or directing compliance with it on appropriate terms or conditions, or may make any other order needed to protect the parties or the witness from unreasonable or oppressive demands, including unreasonable violations of the party's or witness's right to privacy.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 1987.1, Code of Civil Procedure.

61.1. (Rule 61.1)  Disobedience of Subpoenas

Anyone who disobeys a subpoena or subpoena duces tecum issued pursuant to Rule 59.2 may be found to be in contempt of superior court and punished accordingly, as provided in Public Utilities Code §§ 1792 and 1793.  In appropriate circumstances, such disobedience may be found to be a violation of Rule 1, punishable as contempt of the Commission under Public Utilities Code § 2113.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Sections 1792, 1793 and 2113, Public Utilities Code; Section 1991, Code of Civil Procedure.