Rules of Practice and Procedure 04-25-13

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Commission, shall be in writing and shall state the reasons why the testimony of the witness is believed to be material and relevant to the issues involved. Only a party or a member of the Commission may request the issuance of a subpoena. (b) Subpoena of Documents. Any request for the issuance of a subpoena for the production of documents or records shall be in writing; shall specify the particular document or record, or part thereof, desired to be produced; and shall state the reasons why the production thereof is believed to be material and relevant to the issues involved. (b) Who May Issue A Subpoena. A subpoena may be issued by the chairperson of the Commission or the presiding officer. No subpoena shall be issued unless the party requesting the subpoena has complied with section 3-9 of these rules and gives the name and address of the desired witness. Signed and sealed blank subpoenas will not be issued to anyone. The name and address of the witness shall be inserted in the original subpoena, a copy of which shall be filed in the proceeding. The subpoena shall show at whose instance the subpoena is issued. (c) Fees and Mileage. Any witness summoned shall be paid the same fees and mileage as are paid to witnesses in the circuit court of the State of Hawai'i, and such fees and mileage shall be paid by the party at whose request the witness appears. (d) Oath. Each witness shall be placed under oath or affirmation prior to testifying. 3-10 Consolidation. The Commission, upon its own initiative or upon motion, may consolidate for hearing or for other purposes, or may contemporaneously consider,two or more proceedings which involve substantially the same parties or issues which are the same or closely related if the Commission finds that such consolidation or contemporaneous consideration will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings. 3-11 Substitution of Parties. Upon motion and for good cause shown,the Commission may order the substitution of a party, except that in the case of death of a party, substitution may be ordered without the filing of a motion. 3-12 Motions. (a) Timing. Motions may be made before, during, or after a hearing. (b) Form; Contents. Any motion, other than one made during a hearing, shall be made in writing to the Commission and shall state the relief sought and shall be accompanied by an affidavit or legal memorandum setting forth the grounds upon which the motion is based. (c) Service of Motions. The moving party shall serve a copy of all motion papers on all other parties and shall file with the Commission the original with proof of service. 7-12