38 CFR § 42.23 - Subpoenas for attendance at hearing.
---
identifier: "/us/cfr/t38/s42.23"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 42.23 - Subpoenas for attendance at hearing."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "42.23"
section_name: "Subpoenas for attendance at hearing."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "42"
part_name: "STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874, codified at 31 U.S.C. 3801-3812."
regulatory_source: "53 FR 16710, May 11, 1988, unless otherwise noted."
cfr_part: "42"
---
# 42.23 Subpoenas for attendance at hearing.
(a) A party wishing to procure the appearance and testimony of any individual at the hearing may request that the ALJ issue a subpoena.
(b) A subpoena requiring the attendance and testimony of an individual may also require the individual to produce documents at the hearing.
(c) A party seeking a subpoena shall file a written request therefor not less than 15 days before the date fixed for the hearing unless otherwise allowed by the ALJ for good cause shown. The request shall specify any documents to be produced and shall designate the witnesses and describe the address and location thereof with sufficient particularity to permit the witnesses to be found.
(d) The subpoena shall specify the time and place at which the witness is to appear and any documents the witness is to produce.
(e) The party seeking the subpoena shall serve it in the manner prescribed in § 42.8 of this part. A subpoena on a party or upon an individual under the control of a party may be served by first class mail.
(f) A party or the individual to whom the subpoena is directed may file with the ALJ a motion to quash the subpoena within ten days after service or on or before the time specified in the subpoena for compliance if it is less than ten days after service.