Subpoenas

Subpoenas are how you can require witnesses or evidence at a hearing.

General Information About Subpoenas

  Subpoenas are how you can require witnesses (a) to appear at a hearing, (b) to present documents for presentation at a hearing, or (c) to appear at the hearing and explain documents they are required to present. Consider whether you need to have a subpoena issued to require witnesses to appear at the hearing or produce documents.  A subpoena is an order requiring people to provide documents or testimony.  Attorneys are allowed by law to issue subpoenas to compel people to appear at a hearing or produce documents. A subpoena is issued to require witnesses to appear at the videoconference hearing or to produce documents.

Parents not represented by an attorney can obtain subpoenas from OAH before the due process hearing by requesting them in writing or by telephone from the OAH case manager assigned to the case.  You will need to tell the case manager if the subpoenas are for a person to testify or for documents, or for both.

The OAH case manager will prepare the subpoena forms to be sent to parents.  Parents must then fill in the subpoena details such as the name of the person being required to join the videoconference hearing or a description of the documents being requested. Once the subpoena has been completed parents will then send it back to the OAH case manager who will submit it to an OAH administrative law judge (ALJ) to sign. The subpoena must be signed by an OAH ALJ or by an attorney representing parents prior to being sent to the witness or person who has needed document.

The following content includes more specific information for both types of subpoenas. OAH provides optional forms for both the Witness Testimony Subpoena and the Subpoena for Production of Documents and/or Things (also called "Subpoena Duces Tecum.")

Each form provides substantial information for the party issuing the subpoena and the person or entity receiving the subpoena. Reviewing the information is highly recommended.  These forms are also available in Arabic, Cantonese, Mandarin, Spanish, and Vietnamese. Additional formats may be obtained from OAH by emailing a request to OAH at DGSOAHFeedback@dgs.ca.gov.

  • To view these forms on this website either click on Subpoenas or copy and paste into your browser https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Forms/Subpoenas?search=special%20education%20subpoena

Subpoenas for Documents

Subpoenas for documents must identify the person, business or organization that has the documents and describe the documents to be produced.  The subpoena must also say why the documents are necessary for the case.  

  Documents produced in response to a subpoena are not sent to the party. The Office of Administrative Hearings, also called OAH, uses a software program called Case Center for managing evidence electronically. you will need to upload the documents described in the subpoena into Case Center. There is a box for your email address on the subpoena. if the box does not contain your email address or your email address is incorrect, you may call OAH at (916) 263-0880 and leave a message. The message should include the case number and state that you are responding to a subpoena for documents. The case number is on the first page of the subpoena.

  OAH must have your email address so that you can upload your response to Case Center. Shortly after you have been served with a subpoena, OAH will send you an email through Case Center. The email will be from "noreply@caselines.com." The email will contain a link to upload your documents into the program at the time requested in the subpoena. The email will specify how long you have access to the link to upload documents. Detailed instructions on how to upload documents into Case Center are provided on the subpoena form and are also available on OAH website.

  Subpoenas for documents must comply with strict timelines to obtain the documents and some subpoenas seeking personal documents are required to be sent a longer time in advance of the hearing.

Subpoenas for documents may be served by mail.  If serving by mail add five days to the service time.  Service by fax or email is only allowed if you get written permission from the person being served prior to the subpoena being sent by fax or email.

Subpoenas for Witnesses

Subpoenas for people to testify must name the person and the time and date of the virtual due process hearing.  If the hearing is to be in person, then the subpoena must also name the location of the hearing. If the videoconference hearing is continued and the witness is subpoenaed for the incorrect videoconference hearing date, parents must get a new subpoena with the correct videoconference hearing date or reach an agreement with the witness to appear on the new date. If you have such an agreement, be sure it is in writing.

Subpoenas to have a person testify do not need to be served any particular number of days before the day the person is scheduled to testify.  However, it is best to give as much notice as possible to the witness you subpoena. Subpoenas must be properly served.  In general, personal service is required for a subpoena that requires someone to testify. Personal service means handing the subpoena to the person.  This is important because unless the person had actual notice of the hearing, and the person issuing the subpoena can prove they had notice, it is difficult to make the person attend.  

The person serving the subpoena should complete a Proof of Service so the party issuing the subpoena has proof it was delivered.  Generally, the subpoena should be served (handed to the person you want to testify) by someone other than the party requiring the witness's attendance.

The law requires payment of witness fees and mileage to witnesses who are compelled to attend a due process hearing by subpoena.  Parents are responsible for paying the witness fees of any witnesses the parent subpoenas to the videoconference hearing, unless the witness waives them.  If it becomes necessary to obtain a subpoena after the videoconference hearing has begun, the ALJ who is conducting the due process videoconference hearing can sign the parents' subpoena form.

  A subpoena can be enforced by seeking a contempt order from the Superior Court in the county where the hearing is held.  Because obeying a subpoena is required by state law, they cannot be enforced by OAH in the administrative process.