During a hearing, the applicant sought to prove documents produced under a subpoena duces tecum without calling the person who produced them as a witness, thereby avoiding cross-examination.
The Board initially ruled the documents must be proved by calling the person as a witness.
Upon reconsideration, the Board reviewed the historical and legal distinction between the ad testificandum and duces tecum aspects of a subpoena.
The Board revoked its previous ruling, holding that a person producing documents pursuant to a subpoena duces tecum does not need to be sworn as a witness and is not subject to cross-examination.
