Wisconsin Administrative Code
Office of the Commissioner of Insurance
Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases
Subchapter VII - Motions; Subpoenas; Record; Miscellaneous Provisions
Section Ins 5.27 - Subpoenas
Current through August 26, 2024
(1) GENERAL. The administrative law judge or a party's attorney of record may issue a subpoena in a contested case to compel the attendance of any witness or the production of relevant evidence. The person issuing the subpoena shall serve a copy on all other parties. Sections 814.67 and 885.06, Stats., govern the payment of witness fees and expenses.
(2) REQUEST FOR SUBPOENA. A party may request the administrative law judge to issue a subpoena on behalf of that party by submitting the proposed subpoena for the administrative law judge's signature. The administrative law judge may not sign a blank subpoena form. The requesting party is responsible for serving the subpoena and for paying any service, witness and travel fees.
(3) DENIAL; LIMITATIONS. The administrative law judge may limit the scope of a subpoena or deny a request for a subpoena if it appears to be unreasonable, oppressive, excessive in scope or unduly burdensome.
(4) COMPLIANCE. In addition to the sanctions provided under s. Ins 5.21, a person who fails to comply with a subpoena issued under this section may be compelled as provided under s. 885.12, Stats., and may be subject to administrative sanctions including, but not limited to, sanctions for a violation of an order issued under ss. 601.41(4) and 601.42(4), Stats.
