Prepare for the Hearing

The hearing is the opportunity to present information and arguments about how the law and facts support each parties’ position. The parties are responsible for presenting testimony or exhibits to the board that will support their cases.

Preparation should include obtaining and reviewing copies of documents, planning questions to ask witnesses, and notifying witnesses of the time and location of the hearing.

Issuing Witness Subpoenas

To get witnesses to come to the hearing, usually they just need to be asked to testify, especially if they are friends or neighbors. If a witness is an agency employee not listed by the agency as one of its witnesses or is someone opposed, ask the presiding officer to issue a subpoena at least one month before the hearing or as soon as it is known the person will be called as a witness.

Read the procedures for obtaining a subpoena.

The person asking the presiding officer to sign a subpoena should make a written request showing the general relevance of the testimony from the witness.

The subpoena should include the name of the board and the title of the case. The subpoena commands the person to attend and testify or produce identified documents at a specified time and place (usually the hearing date and location).

After the subpoena has been signed by the presiding officer, the person requesting it must make sure it is then served on the named witness. (See Civil Rules for Superior Court 45(c)). The party asking for the witness to attend may be required to pay the witness for mileage and one day's attendance fee as allowed by law.

Witnesses normally cannot testify in writing because they need to be present for cross-examination and questions from the board. If a particular witness has a physical or medical issue that makes it impossible to attend, discuss that with the presiding officer well in advance of the hearing so that alternative arrangements for taking the testimony can be made.