Parties may want to have one or more witnesses testify for them in the hearing. If so, they are responsible for having them appear. They may arrange for witnesses to appear voluntarily at the hearing. Parties may use a subpoena to order their requested witnesses to appear. They must arrange to have the subpoena served on the witness. Parties can do this themselves as long as they prepare an affidavit of service. They also can have it served by the sheriff's office or a private process-server. Along with a subpoena, parties must include payment to the witness of a daily fee and mileage for appearing. It is also a good idea to attach a map or directions to the hearing location. Because each party has a right to know what evidence will be presented by the other party, the ALJ usually orders each party to provide a list of their witnesses and to send copies of any documents the party may use in a hearing to the other party. The ALJ may make this order in a prehearing conference or issue a written order.
The parties are not required to exchange witness lists for worker's compensation hearings.