33.  SUBPOENAS
Joint Rules
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33. SUBPOENAS
(a) (1) The General Assembly or either house thereof may vest in any committee of the General Assembly or of either house thereof, a subcommittee, an interim committee, or a committee created by statute or by resolution, if all of the members are members of the General Assembly, the power to subpoena witnesses, to take testimony under oath, and to assemble records, documents, and other evidence by subpoena duces tecum or otherwise.

(2) When the General Assembly is not in session, the Legislative Council may vest in any committee as described in (a) (1) above, the power to subpoena witnesses, to take testimony under oath, and to assemble records, documents, and other evidence by subpoena duces tecum or otherwise. The power to subpoena vested under this paragraph (2) shall continue until revoked by the General Assembly or the Legislative Council.

(b) (1) Whenever a subpoena is issued by the General Assembly, either house thereof, or any committee thereof, such subpoena shall: State the name of the issuing body, the authority under which the subpoena is issued, and the subject of the inquiry and command each person to whom it is issued to attend and give testimony at a time and place specified in such subpoena. A subpoena may also command the person to whom it is directed to produce such books, records, documents, or other tangible evidence as the issuing body may require.

(2) Service of a subpoena may be made by a sheriff, the sheriff's deputy, or any other person who is at least eighteen years of age and not interested in the proceeding. Service shall be made by delivering a copy of the subpoena to the person named not later than forty-eight hours before the time specified for appearance in such subpoena unless, for good cause shown, a majority of the issuing body authorizes service within such forty-eight-hour period. The amount of fees for attendance and mileage shall be the same as that allowed by law for witnesses in civil cases and shall be paid after the witness is discharged from further attendance.

(3) If any person issued a subpoena pursuant to this Joint Rule believes the material or testimony subpoenaed to be trade secrets, as defined in section 18-4-408 (2) (c), C.R.S., irrelevant, or privileged or that its disclosure would be illegal, or unduly oppressive or burdensome, relief therefrom shall be requested in writing from the issuing body, and accompanied by a statement of the reasons for such belief.

(c) Any witness subpoenaed to give testimony or produce evidence may have legal counsel present to advise him or her.

(d) A subpoena shall be signed by the President of the Senate or Speaker of the House of Representatives, or both, or the chairman of a committee, but a subpoena shall be issued only upon the vote of a majority of the membership of the General Assembly, either house, or a committee, as the case may be.

(e) The primary purpose of this Joint Rule is to assist the General Assembly, the houses thereof, and the committees thereof in the performance of their duties through the use of the subpoena power.