---
kind: "section"
citation: "14 C.F.R. § 17.53"
title: "14"
number: "17.53"
heading: "Orders and subpoenas for testimony and document production."
url: "https://uscodex.org/cfr/14/17.53"
---

# §17.53. Orders and subpoenas for testimony and document production.

- (a) Parties are encouraged to seek cooperative and voluntary production of documents and witnesses prior to requesting a subpoena or an order under this section.
- (b) Upon request by a party, or on his or her own initiative, a DRO or Special Master may, for good cause shown, order a person to give testimony by deposition and to produce records. Section 46104(c) of [Title 49](/cfr/49.md) of the United States Code governs the conduct of depositions or document production.
- (c) Upon request by a party, or on his or her own initiative, a DRO or Special Master may, for good cause shown, subpoena witnesses or records related to a hearing from any place in the United States to the designated place of a hearing.
- (d) A subpoena or order under this section may be served by a United States marshal or deputy marshal, or by any other person who is not a party and not less than 18 years of age. Service upon a person named therein shall be made by personally delivering a copy to that person and tendering the fees for one day's attendance and the mileage provided by [28 U.S.C. 1821](/usc/28/1821.md) or other applicable law; however, where the subpoena is issued on behalf of the Product Team, money payments need not be tendered in advance of attendance. The person serving the subpoena or order shall file a declaration of service with the ODRA, executed in the form required by [28 U.S.C. 1746](/usc/28/1746.md). The declaration of service shall be filed promptly with the ODRA, and before the date on which the person served must respond to the subpoena or order.
- (e) Upon written motion by the person subpoenaed or ordered under this section, or by a party, made within ten (10) business days after service, but in any event not later than the time specified in the subpoena or order for compliance, the DRO may—
  - (1) Rescind or modify the subpoena or order if it is unreasonable and oppressive or for other good cause shown, or
  - (2) Require the party on whose behalf the subpoena or order was issued to advance the reasonable cost of producing documentary evidence. Where circumstances require, the DRO may act upon such a motion at any time after a copy has been served upon all parties.
- (f) The party that requests the DRO to issue a subpoena or order under this section shall be responsible for the payment of fees and mileage, as required by [49 U.S.C. 46104(d)](/usc/49/46104.md?p=d), for witnesses, officers who serve the order, and the officer before whom a deposition is taken.
- (g) Subpoenas and orders issued under this section may be enforced in a judicial proceeding under [49 U.S.C. 46104(b)](/usc/49/46104.md?p=b).

## Notes

### Authority

Authority: 5 U.S.C. 570-581, 49 U.S.C. 106(f)(2), 40110, 40111, 40112, 46102, 46014, 46105, 46109, and 46110.

### Source

Source: 76 FR 55221, Sept. 7, 2011, unless otherwise noted.