TN 20 (01-12)

A. Authority to issue subpoenas

The administrative law judge (ALJ) has the authority to issue a subpoena to have a person either appear at the hearing to testify or to submit evidence. We pay the cost of issuing the subpoena.

B. Field Office (FO) actions for subpoena requests

1. Claimant suggests subpoena

If the claimant believes it is necessary to subpoena someone, assist the claimant in preparing a statement to send to the ALJ. File the statement at least five days before the hearing and include:

• Name of witness or document;

• Address or location (with sufficient detail to find them);

• Important facts the witness or document is expected to prove; and

• Why a subpoena is necessary to prove the facts.

2. FO manager suggests subpoena

The FO manager may suggest the issuance of a subpoena in a memorandum to the ALJ giving all of the information as indicated in GN 03103.170B.1. in this section. Send a copy of the memorandum to the Regional Commissioner.