B-301 - Subpoena (Department Of Education, The City Of New York) printable pdf download

131 Livingston Street, Room 201

Brooklyn, NY 11201

Tel: (718) 935-3482

Fax: (718) 935-2528/2932

Subpoena Instructions

This Subpoena Form is provided by the Impartial Hearing office to aid parties in

requesting subpoenas. A subpoena is a written command to appear before a hearing and/or to

produce documents for a hearing. During the course of an Impartial hearing case, the hearing

officer can issue a subpoena at the request of a party.

Process for Requesting Subpoenas

1. Submit a Completed Subpoena Form: To obtain a subpoena, the requesting party

must submit a completed subpoena form to the assigned Impartial Hearing Office case

manager (either by using this form or one’s own). The case manager will immediately

forward the subpoena form to the hearing officer and to the other party for

review/challenges.

2. Obtain approval of the Hearing Officer: The hearing officer will review the subpoena,

taking into account any challenges to the subpoena from the other party. If the hearing

officer approves the subpoena, the officer will sign and date the subpoena and provide a

signed copy of the subpoena to the case manager who will forward it to the requesting

party.

3. Deliver the Subpoena to the Witness:

Delivery of subpoenas is solely the responsibility of the requesting party.

Completing this Subpoena Form



“To “ line: Identify the witness in the “To” line at the top of the Subpoena Form,

including the person’s name and current address.



Testimony Section: If you want the witness to testify at the hearing, mark the first

checkbox (next to the command to appear) and fill in (1) the place, date and time of the

hearing and (2) the name of the student and the Impartial Hearing Office case number.



Documents Section: If you want the witness to produce documents (in addition to, or

instead of, testifying at the hearing), mark the second checkbox (next to the command to

produce) and identify the documents to be produced in the space provided. Further:

If you want the documents to be delivered at the hearing, mark the first small

checkbox (next to “at the above-stated time and place”) and make sure that the

place, date and time of the hearing is provided in Testimony Section (the

paragraph next to the first checkbox); or

If you want the documents to be delivered to another location (for example, to

you or your representative), mark the second small checkbox and provide the

location and deadline for delivery in the space provided.

Subpoena Form

Rev: 09/11

B301

B-301 - Subpoena (Department Of Education, The City Of New York)