18 CFR § 385.409 - Subpoenas (Rule 409).

---
identifier: "/us/cfr/t18/s385.409"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 385.409 - Subpoenas (Rule 409)."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "385.409"
section_name: "Subpoenas (Rule 409)."
chapter_name: "FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY"
subchapter_number: "X"
subchapter_name: "PROCEDURAL RULES"
part_number: "385"
part_name: "RULES OF PRACTICE AND PROCEDURE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015)."
regulatory_source: "Order 225, 47 FR 19022, May 3, 1982, unless otherwise noted."
cfr_part: "385"
---


# 385.409 Subpoenas (Rule 409).

(a) *Issuance.* On request, the presiding officer may issue a subpoena for the attendance of a witness at a deposition or hearing or for the production of documents. A request for a subpoena must be served on all participants.

(b) *Service and return.* A subpoena issued under this section must be served by personal service, substituted service, registered mail, or certified mail. A subpoena may be served by the marshal, by his deputy, or by any other person who is not a party or an employee of a party and is at least 18 years of age. If personal service is made by any person other than a United States marshal or deputy marshal, return of service must be accompanied by an affidavit to the Secretary or the presiding officer and must state the time and manner of service of the subpoena.

(c) *Fees.* Fees paid to subpoenaed persons will be in accordance with Rule 510(e).

(d) *Objections.* Objections to subpoenas must be made in accordance with Rule 410.