RULE 9. WITNESS FEES, MILEAGE AND SERVICE OF SUBPOENAS
A. Witness and Mileage Fees.
Unless otherwise provided by law, no person shall be required to attend as a witness in any proceeding before the Industrial Commission unless that person’s lawful mileage and witness fee for one day’s attendance shall first be paid or tendered to the witness. Witness fees and mileage shall be in the amounts as set forth in Idaho Rule of Civil Procedure 54(d)(1) and shall be paid by the party issuing the subpoena, unless the witness declines payment.
B. Issuance and Service.
Subpoenas, in the form approved by the Commission, may be issued by the Commission or any member thereof, a Commission Referee, or an attorney licensed in the State of Idaho. Service of subpoenas shall be made in the manner provided in the Idaho Rules of Civil Procedure.
C. Notice of Service and Timing.
The party serving a subpoena shall provide written notice of such service, together with a copy of the subpoena, on all other parties and the Commission. Unless good cause is shown to the contrary, subpoenas for hearing shall be served no later than five (5) business days prior to the hearing.
COMMENT: This rule clarifies that attorneys, as officers of the court, have authority to issue subpoenas, as provided in IRCP 45(a)(3). It is also amended to provide for notice of service, and time frames for serving subpoenas for hearing. Approved-form subpoenas may be found on the IIC website, under “I Need to” than selecting “find a form.” Attorneys may also obtain one or more signed, but otherwise blank subpoenas from the Commission, to be completed before service. Pro se claimants may not issue subpoenas, but must obtain subpoenas signed by a Commissioner or Referee