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:

  1. Name and address of the individual to be subpoenaed.
  2. 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.
  3. 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.

Return to Questions Before a Hearing.

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