Witnesses and Subpoenas

If you need witnesses to help you present your case, contact them immediately to arrange for their appearance. Be sure they are available to participate in the hearing. If they are not available to participate, you may be able to postpone the hearing. If the witnesses must participate by telephone at another location, have those numbers available for the ALJ.

Essential witnesses refusing to participate in the hearing or provide essential documents may be ordered or subpoenaed. A subpoena is a paper which orders the person to participate in the hearing and/or provide records. You must ask the ALJ to issue a subpoena prior to the day of the hearing. You must provide the mailing address of the person you want to subpoena. If a fax number is available, provide that also. Have this information when you call the ALJ.

Before you ask witnesses to come to the hearing, be sure you need their testimony. The best witnesses are those who were personally involved in the events and circumstances which are being explained to the ALJ. When a witness testifies about what someone else said happened, this is "hearsay" and is not very helpful in making a decision. "Hearsay" is any statement, whether oral or in writing, made by a person who does not personally appear to testify under oath in the hearing. Hearsay is admissible in the hearing, but is not persuasive if contested.

No finding of fact or decision may be based solely on uncorroborated, hearsay evidence. Hearsay evidence carries less weight and credibility than does firsthand testimony, especially if the other party disputes that information. As a result, whenever possible, you should have the witnesses themselves who made the statement and/or observations available to testify during the hearing and try not to rely upon documents or representatives who have no firsthand knowledge of events.

If you are not sure whether you need a witness, call the Appeals Unit.