U.s. Department Of Justice Subpoena printable pdf download

U.S. Department of Justice

Executive Office for Immigration Review

Subpoena

Immigration Court

INSTRUCTIONS

not be grounds for postponing the hearing.

Purpose of This Form.

Subpoena Form Instructions.

This form is for use in proceedings for which the Tacoma

Immigration Court is the Administrative Control

Immigration Court. The completed form should

Caption

accompany all motions for issuance of a subpoena.

Enter the name and address of the Immigration Court

where proceedings are pending. Enter all identifying

information for the case, including Respondent(s)’

name(s) and file number(s). The date will be entered in

General Instructions.

by the Immigration Judge when signing the subpoena. If

A party applying for a subpoena must state in writing or at

the Respondent has been placed in proceedings other than

the proceeding what he or she expects to prove by such

removal proceedings, correctly state the type of

witnesses or documentary evidence, and must also show

proceeding.

affirmatively that he or she has made diligent effort,

without success, to produce the same. An Immigration

To:

Judge will not issue a subpoena unless he or she is

Identify the party to be served the subpoena, including the

satisfied that the witness’ evidence is essential and the

party’s current physical address and any other information

witness will not appear and testify or produce

necessary to enable proper service of the subpoena.

documentary evidence without being issued a subpoena.

Testimony

Mark the box next to the command to appear and fill in

Motion Instructions.

the place, date and time of the hearing at which the party’s

A completed subpoena form must be accompanied by a

testimony is required.

motion for issuance of a subpoena that conforms to the

filing requirements of 8 C.F.R. §§ 1003.31– 1003.32 and

Documents

local operating procedures. In accordance with 8 C.F.R.

Indicate if documents are to be produced under the

§§ 1003.35 and 1287.4, the motion shall concisely state

subpoena by marking the box next to the command and

the basis of the subpoena application and affirmatively

identifying the documents in the space below. If the

show:

presence of the custodian of the subpoenaed documents is

not required at the hearing, the moving party may include

•

jurisdiction properly lies with the Immigration Court;

the following statement in the space below the command

•

what the moving party expects to prove by such

to produce: “Compliance with this subpoena may be

witnesses or documentary evidence;

fulfilled by delivering such documents to the officer

•

the moving party has made diligent effort, without

serving the subpoena prior to the scheduled hearing.”

success, to produce the witnesses or documentary

evidence; and

Enter the name of the Immigration Judge in the space

•

the testimony or documentary evidence is essential to

below the signature line.

the moving party’s case.

Service

Service of the subpoena is the responsibility of the

Filing Instructions.

requestor. A subpoena must be signed by an Immigration

A subpoena application shall be filed no later than ten

Judge prior to service. The Court will maintain the

(10) days before the next scheduled hearing. Any party

original application and provide a copy to the requestor

opposing the motion shall file a written response with the

for service. A subpoena issued by an Immigration Judge

Court no later than five (5) days after service of the

may be served by any person over 18 years of age not a

application. A motion will be deemed unopposed unless a

party to the case.

timely response is made. Absent exceptional

circumstances, failure to submit a timely application will

Subpoena Instructions (Rev. 12/10/2004)

U.s. Department Of Justice Subpoena

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