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How to Take a Deposition in Utah for a Case from Another State


Utah Law Governs

If the foreign state has adopted the Uniform Interstate Depositions and Discovery Act, issuance, service and enforcement of a Utah subpoena are governed by the Utah Uniform Interstate Depositions and Discovery Act. All other issues are governed by the Utah Rules of Civil Procedures, principally URCP 45.

If the foreign state has not adopted the Uniform Interstate Depositions and Discovery Act, the Utah Rules of Procedure govern all issues.

For a list of states that have enacted the Uniform Act, meeting the reciprocity requirement of Utah Code Section 78B-17-103, go to the website of the Uniform Law Commission (uniformlaws.org).


Subpoenas governed by the Utah Uniform Interstate Depositions and Discovery Act

File an Application for Subpoena under the Utah Uniform Interstate Depositions and Discovery Act in the district court of the judicial district in which discovery is sought to be conducted. Utah Code Section 78B-17-201. Include all attachments referred to in the Application. Include all attachments referred to in the Utah Subpoena (which must be served with the Subpoena). There is a filing fee.

  • Issuance - Only the clerk of court may issue a Utah subpoena based on a foreign subpoena. Utah Code Section 78B-17-201.
  • Service - Serve all documents and the witness fee on the deponent. Service may be by any method authorized for service under URCP 4(d) or URCP 5. Utah Code Section 78B-17-202. Service may be by the sheriff or constable, by a United States Marshal, or by any person 18 years of age or older and not a party to the action or a party's attorney. URCP 4(d). Private process servers may set their own fees. The service fee for the sheriff is set by statute.
  • Place of deposition - If the deponent is a Utah resident, a special court order is required if the deponent is going to be deposed in any county other than the one in which s/he resides, is employed, or transacts business personally. If the deponent is not a Utah resident, a special court order is required if the deponent is going to be deposed in any county other than the one in which s/he is served. URCP 45(c).

Subpoenas not governed by the Utah Uniform Interstate Depositions and Discovery Act

File a notice of deposition and request for subpoena with the district court of the county in which the deponent resides or is to be served. Include all attachments referred to in the Utah subpoena (which must be served with the Subpoena). There is a filing fee.

  • Issuance - As an officer of the court, a member of the Utah State Bar representing a party in a case may prepare and sign a subpoena in that case. If the lawyer requesting the subpoena is not a member of the Utah State Bar and is not admitted pro hac vice under CJA 14-806, then the clerk must issue the subpoena.
  • Service - Serve all documents and the witness fee on the deponent. Service may be by any method authorized for service of process under URCP 4(d). Service may be by the sheriff or constable, by a United States Marshal, or by any person 18 years of age or older and not a party to the action or a party's attorney. URCP 4(d). Private process servers may set their own fees. The service fee for the sheriff is set by statute.

Forms

  • Request for Certificate of Good Standing from the Supreme Court - PDF Document PDF

Related Information



Page Last Modified: 7/31/2012
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