Delaware auditor could issue subpoenas directly under signed bill

Under the signed bill, Delaware’s auditor could issue subpoenas directly. A subpoena may demand witness testimony or records anywhere in Delaware. The testimony or records must be needed for the auditor’s duties or powers.

Under the signed bill, the auditor, a deputy, or designated staff could deliver subpoenas. These delivery rules cover subpoenas addressed to people and organizations. For a person, delivery may be made in person, by leaving the subpoena with a responsible resident at the person’s usual home, or by certified mail to the last known address. For an organization, delivery may be made to its registered agent or someone authorized to accept it, in person or by certified mail.

Under the signed bill, the Superior Court could order a subpoena recipient to appear before the auditor. This applies when a properly served person or organization fails or refuses to answer a subpoena. The auditor must apply to the court. The court may punish disobedience of its order as contempt, a penalty for defying a court order.