Filing requirements for demands or requests for testimony.

CFR · 2024-01-01 · US · Title 5

You must comply with the following requirements whenever you send a demand or request for testimony to the Board or a Board employee. If you serve a subpoena on the Board or a Board employee that is not accompanied by a written request that complies with the requirements in this section, the General Counsel may oppose the subpoena on grounds that your request was not submitted in accordance with this subpart. (a) Your request must be in writing and must contain the following information: (1) The caption of the legal proceeding, docket number, and name and address of the court or other authority involved. (2) A copy of the complaint or equivalent document setting forth the assertions in the case and any other pleading or document necessary to show relevance; (3) A specific description of the substance of the testimony sought; (4) A statement indicating that the information sought is not available from another source, from other persons or entities, or from the testimony of someone other than a Board employee, such as a retained expert; (5) An explanation as to why no document could be provided and used in lieu of testimony; (6) If oral testimony is sought, an explanation as to why a written declaration or affidavit cannot be used in lieu of oral testimony; (7) A description of all prior decisions, orders, or pending motions in the case that bear upon the relevance of the requested testimony; (8) The name, address, and telephone number of counsel to each party in the case; and

official document · source cfr-2024 · id 5:§ 1631.34