12. How are witnesses (including law enforcement officers) subpoenaed for an ADLRO hearing?Posted on Jan 13, 2017 in
By law, the Respondent must request issuance of subpoenas for any witnesses he/she wants to testify (including law enforcement officers) no later than 5 calendar days prior to the scheduled hearing date. This means that the request for issuance of subpoenas must be actually received by the ADLRO no later than 5 calendar days prior to the scheduled hearing date. The Request for Subpoenas To Be Issued form may be used for this request. The actual subpoena form itself must be included with this request, with all of the required information about the witness filled out. Required forms are available on this website.
If everything is in order, and the required $30.00 hearing fee has been paid in full, the ADLRO will approve and sign the subpoena to issue it. The Respondent must then pick up the issued subpoena from the ADLRO, although Neighbor Island Respondents may arrange to have their issued subpoenas faxed or e-mailed to them by the ADLRO.
By law, the issued subpoena must then be personally served on the witness no less than 48 hours prior to the hearing by a person over age of 18 who is not a party to the case. The Respondent is not allowed to serve the subpoena himself/herself. The subpoena must be served by somebody else who is over the age of 18.
The return of service on the bottom of the subpoena must be completed certifying personal service of the witness, and the witness must sign the subpoena acknowledging receipt. The subpoena with completed return of service and witness signature must be submitted to the ADLRO prior to the hearing. See HRS 291-38(g).
The Respondent is responsible for effecting personal service on all requested witnesses, and for all costs of issuing subpoenas to the witnesses, including mileage fees. See HRS 291E-39.
Witnesses who are not properly and timely subpoenaed and served are not required to appear and testify at the hearing. A witness who has been properly and timely subpoenaed and served is required to appear and testify at the hearing as scheduled. Under certain circumstances, telephonic testimony may be authorized by the Hearing Officer. Please immediately contact the ADLRO if you have any questions or concerns.