Utah Admin. Code R151-4-513 - Subpoenas
(1) Each subpoena:
(a) shall be issued and signed by the
presiding officer;
(b) shall state
the title of the action;
(c) shall
command each person to whom it is directed to attend and give testimony at a
hearing or deposition at a time and place specified;
(d) may command the person to whom it is
directed to produce designated books, papers, or tangible things, and in the
case of a subpoena for a deposition, may permit inspection and copying of the
items; and
(e) shall limit its
designation of books, papers, or tangible things to matters properly within the
scope of discoverable information.
(2) A subpoenaed individual shall receive the
fee for attendance and mileage reimbursement required by law.
(3)
(a) A
subpoena commanding a person to appear at a hearing or a deposition in Utah may
be served at any place in Utah.
(b)
A person who resides in Utah may be required to appear at a deposition:
(i) in the county where the person resides,
is employed, or transacts business in person; or
(ii) at any reasonable location as the
presiding officer may order.
(c) A person who does not reside in this
state may be required to appear at a deposition:
(i) in the county in Utah where the person is
served with a subpoena; or
(ii) at
any reasonable location as the presiding officer may order.
(4) A subpoena shall be
served in accordance with the requirements of the jurisdiction where service is
made.
(5) Upon a motion made
promptly to quash or modify a subpoena, but no later than the time specified in
the subpoena for compliance, the presiding officer may:
(a) quash or modify the subpoena, if it is
shown to be unreasonable and oppressive; or
(b) conditionally deny the motion with the
denial conditioned on the payment of the reasonable cost of producing the
requested materials by the person on whose behalf the subpoena is
issued.
(6)
(a) In the case of a subpoena requiring the
production of books, papers, or other tangible things at a deposition, the
person to whom the subpoena is directed may, within 10 days after service or on
or before the time specified in the subpoena for compliance if the time is less
than 10 days after service, serve on the attorney designated in the subpoena a
written objection to production, inspection, or copying of any of the
designated materials.
(b) If an
objection is made, the party serving the subpoena is not entitled to
production, inspection, or copying of the materials except pursuant to a
further order of the presiding officer who issued the subpoena.
Notes
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