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Notice to Persons Served with a Subpoena
A subpoena may require you to copy and mail documents, produce documents or
tangible things, appear at a hearing, trial, or deposition, or allow inspection of a location.
A subpoena can be issued by the court clerk or by a licensed attorney. You must do
what it says or file an objection. If you don’t comply, you can be fined or go to jail.
You can find more information about subpoenas and forms you may need at:
www.utcourts.gov/resources/forms/subpoena/
1.
If the subpoena requires you to appear to at a trial, hearing, deposition, or for
inspection of a place, you must appear at the date, time, and place designated
in the subpoena. You will be required to either answer questions under oath or
allow inspection of a place.
For a deposition or inspection of premises, you can be commanded to appear in
only the following counties:
If you are a resident of Utah:
o where you reside;
o where you are employed;
o where you transact business in person; or
o where the court orders.
If you are not a resident of Utah:
o where you are served with the subpoena; or
o where the court orders.
2.
If the subpoena requires you to copy documents or electronically stored
information, you must:
organize the copies as you keep them in the ordinary course of business
or organize and label them to correspond with the categories in the
subpoena; and
mail or deliver the copies and the Declaration of Compliance with the
Subpoena to the attorney or party requesting the documents. You may
need to modify the Declaration to fit your circumstances.
The party who requested the documents must pay the reasonable cost of
copying the documents.
3.
If the subpoena requires you to produce documents or tangible things, you
must appear in person with the documents or tangible things so that they may be
tested, copied, sampled, or inspected. You must:
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Notice to Persons Served with a Subpoena
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produce the documents or tangible things as you keep them in the
ordinary course of business or organize and label them to correspond with
the categories in the subpoena; and
mail or deliver the Declaration of Compliance with the Subpoena to the
requesting attorney or party.
The subpoena may require you to produce the documents at the trial, hearing, or
deposition or to mail them to the issuing party or attorney.
The subpoena must be served on you at least 14 days before the date
designated for compliance.
The party issuing the subpoena must pay the reasonable cost of copying and
producing the documents or tangible things.
4.
Witness fee. If the subpoena requires you to appear, a one-day witness fee
must be served with the subpoena. A one-day witness fee is $18.50 plus
mileage. The witness fee for each subsequent day is $49.00 plus mileage.
Mileage is $1.00 for each 4 miles you have to travel over 50 miles (one direction).
A subpoena issued on behalf of the United States or Utah does not have to
include a witness fee and mileage.
5.
Objection to a subpoena. You may object to all or part of the subpoena if :
it does not give you a reasonable amount of time to comply.
it creates an undue burden for you.
it requires you to disclose privileged or other protected matter and no
exception or waiver applies.
it requires you to disclose a trade secret or other confidential research,
development, or commercial information.
it requires you to disclose an unretained expert's opinion or information not
describing specific events or occurrences in dispute and resulting from the
expert's study that was not made at the request of a party.
you are a Utah resident and it requires you to appear at a deposition or to
produce documents, electronic records or tangible things or to permit
inspection of premises in a county:
in which you do not reside,
o
o are not employed, or
o do not transact business in person,
unless the judge orders otherwise.
you are not a Utah resident and it requires you to appear at a deposition
or to produce documents, electronic records or tangible things or to permit
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Notice to Persons Served with a Subpoena
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inspection of premises in a county other than the county in which you were
served, unless the judge orders otherwise.
You must comply with those parts of the subpoena to which you do not object.
6.
How to object. To object to the subpoena, complete and serve the Objection to
Subpoena on the party or attorney issuing the subpoena before the compliance
date.
Once you have filed the objection, you do not have to comply with the subpoena
unless ordered to do so by the court.
7. Motion to compel. If you serve an Objection to Subpoena on the party or
attorney issuing the subpoena, they may file a motion asking the court to make
you comply with the subpoena. They may also ask for a hearing on the motion.
If you do not agree with the motion, you can file a Memorandum Opposing the
Motion. See the court’s Motions web page for information and forms:
www.utcourts.gov/howto/filing/motions/.
It is possible to ask the judge to order conditions for complying with the
subpoena. Consider talking to an attorney to go over your options. See the
Finding Legal Help web page for information about free and low cost ways to get
legal help: www.utcourts.gov/howto/legalassist/.
8.
Organizations. If the subpoena orders a corporation, partnership, association or
governmental agency that is not a party to the suit to appear at a deposition, they
must designate one or more persons to answer questions on their behalf. (Utah
Rule of Civil Procedure 30).
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Notice to Persons Served with a Subpoena
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