In view of limited staffing and office access due to COVID-19 social distancing criteria, OALJ is now offering three types of subpoena processing: regular mail, emailed requests, and a streamlined electronic process being piloted for longshore and Defense Base Act cases.

Because some offices are not receiving mail regularly, use of the mail may result in significant delays in issuance of subpoenas. For those offices, the email processes described below are recommended. The OALJ website home page has information on which offices are currently able or unable to receive and send regular mail.

MAILED-IN REQUESTS

OALJ will continue to process mailed-in subpoena requests, contingent on local office access and staffing limitations. For such requests, follow in the instructions found at https://www.dol.gov/agencies/oalj/topics/information/SUBPOENAS

EMAIL REQUESTS IN GENERAL

1. For email initiation of subpoena issuance requests, use these subpoena forms. These versions of the subpoena forms enable electronic processing of the request:

OWCP-level requests: Please note that at present, the OALJ National office is only accepting requests for subpoenas to be used in Longshore and Defense Base Act cases pending before the District Director through mailed in requests. Because of office access limitations, processing of such requests may be delayed. Some district offices, however, may be able to process such requests for cases in their geographic region.SUP

2. Fill in the applicable information and then email the subpoena issuance request, with the subpoena form(s) as attachments, to the email box for the District Office in which the presiding judge is located. If the case is not yet assigned to a judge, send the subpoena request to the District Chief Judge at the office the case is assigned. If you cannot identify which judge or office the case is assigned to, use the general OALJ-Filings@dol.gov email address. You can find the national and district office rosters immediately below, and below that the email addresses to select from:

Washington, DC National and District Offices:

District Offices outside Washington, DC:

3. The email Subject line must contain, in the following order:

(a) The name of the presiding judge (use UNK if the case is not assigned or you do not know who the presiding judge is);
(b) The name of the parties (e.g., Jones v. Big Co.);
(c) The OALJ case number;
(d) If the OALJ case number is unknown or has not been assigned yet, please include the case number from the agency below (e.g., OWCP, OSHA, Wage and Hour);
(e) A short description of the nature of the filing .

This is an example of what the Subject line should look like:

Subject: Judge John Doe; Jones v. Big Co.; OALJ No. 2020-BLA-05555; Subpoena Request

4. If the requester wants the completed subpoena returned via express mail service, the requester should include a separate attachment containing a prepaid label. If such a prepaid label is not provided, the completed subpoena will be returned via standard US Post Office mailing, which in some OALJ offices may be delayed.

5. Keep the subpoena form in its native format. These forms have a digital signature field embedded so that, when received, the presiding judge may sign the subpoenas remotely. Scanned versions of these forms cannot be processed electronically.

6. If the ALJ approves the subpoenas, they will be printed and mailed to the requester.

 

PILOT STREAMLINED SUBPOENA PROCESSING FOR LONGSHORE AND DEFENSE BASE ACT CASES

For Longshore and Defense Base Act cases only, OALJ is implementing a pilot program to enable the requester to both send the request for issuance of subpoenas via email, and to receive approved subpoenas back from the ALJ via email. In other words, this process eliminates the need for the judge to mail printed subpoenas back to the requester. These subpoenas are digitally signed by the ALJ, but do not have a raised seal. Due to the potential for misuse, the forms for this pilot program are not being made available for download by the general public. Rather, practitioners seeking subpoenas under this pilot program should contact the respective district office by email to obtain the form.

The email Subject line must contain, in the following order:

(a) The name of the presiding judge (use UNK if the case is not assigned or you do not know who the presiding judge is);
(b) The name of the parties (e.g., Jones v. Big Co.);
(c) The OALJ case number;
(d) If the OALJ case number is unknown or has not been assigned yet, please include the case number from the agency below (e.g., OWCP, OSHA, Wage and Hour);
(e) A short description of the nature of the filing .

This is an example of what the Subject line should look like:

Subject: Judge John Doe; Jones v. Big Co.; OALJ No. 2020-BLA-05555; LHC Pilot Subpoena Form Request