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How Do I Get A Witness To Appear Or Documentation That Is Not Mine To The Hearing?
If a witness is not willing to appear, you may request a subpoena for that witness.
Only the Unemployment Insurance (UI) Division, an administrative law judge or a party’s attorney of record (has submitted a letter of retainer) may issue a subpoena. Subpoenas may also be issued for documents not in your custody or control.
If you have retained an attorney, see him or her about subpoenaing witnesses. Your attorney is expected to send the hearing office copies of any subpoenas issued for a hearing.
If you do not have an attorney but wish to have a witness subpoenaed, contact the hearing office responsible for scheduling the hearing. When you ask for a subpoena, have the following information available:
- Name and address of the individual to be subpoenaed.
- If documents are needed, a detailed description of the documents and the name and address of the custodian of records (the person who has firsthand knowledge of those documents) you wish to have subpoenaed.
- Why that witness or record is necessary and material to your case.
At that point, the hearing office will decide whether to grant your subpoena request.
- If your request is not granted: No subpoena will be issued but you have the right to ask the administrative law judge to reconsider your subpoena request at the time of the hearing.
- If the request is granted: The hearing office will prepare the subpoena form for you to serve.
You will be responsible for the costs of service, if any, and are expected to tender the subpoena fee to the subpoenaed individual at time of service. The subpoena fee is a $16.00 fee, plus travel expenses of 20 cents per mile to and from the hearing location.
An instruction sheet will be provided with the subpoenas. At the time of the hearing, you may ask the administrative law judge for reimbursement of the subpoena fees, but remember, service fees are not reimbursable.
Factors the administrative law judge will consider in deciding whether to reimburse you are whether the testimony was relevant, material and not unduly repetitive based on the record of the hearing.