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Subpoenas

Subpoenas

If a witness who is not a party will not testify voluntarily or produce or copy a document voluntarily, you may require that person to attend a hearing or produce or copy a document by serving a Subpoena. Subpoenas are governed by Rule of Civil Procedure 45. A witness may appear voluntarily without a Subpoena, but the judge will not continue the hearing if a witness without a Subpoena fails to appear. If a witness served with a Subpoena fails to appear, the witness may be held in contempt of court.

The court clerk will issue a Subpoena upon request. A Utah lawyer representing you may issue a Subpoena without the court clerk, but an unrepresented party may not. Complete the form and take it to the clerks' office of the court in which the case is pending to have it issued. Include all attachments referred to in the Subpoena (which must be served with the Subpoena).

If the Subpoena commands a person to appear and testify at a deposition, then you must serve each party or lawyer with notice of the Subpoena by delivery or other method of actual notice before serving the Subpoena. URCP 45(c).

Serve the Subpoena, all attachments and the witness fee on the witness. 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.

To ensure the Subpoena is served correctly and on time, deliver it to one of the officials authorized by Utah Code Section 78B-8-302, who will serve the Subpoena on the witness and file a Certificate of Service with the court. To help the process server find the witness, you should complete a Service Assistance Form.


Subpoena Forms

Issue and Serve a Subpoena

All Forms needed to issue and serve a subpoena

Take a Deposition Under the Utah Uniform Interstate Depositions and Discovery Act

All Forms needed to take a deposition under the Utah Uniform Interstate Depositions and Discovery Act.

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).

  • Application for Subpoena under the Utah Uniform Interstate Depositions and Discovery Act - PDF Document PDF | Word Document Word
  • Subpoena - PDF Document PDF | Word Document Word
  • Notice to Persons Served with a Subpoena - PDF Document PDF | Word Document Word
  • Objection to Subpoena - PDF Document PDF | Word Document Word
  • Declaration of Compliance with Subpoena - PDF Document PDF | Word Document Word

Request a Subpoena for a Case From a State That Has Not Passed the Uniform Interstate Depositions and Discovery Act

All Forms needed to Request a Subpoena for a case from a state that has not passed the Uniform Interstate Depositions and Discovery Act

  • Notice of Deposition and Request for Subpoena in Case Pending Out of State - PDF Document PDF | Word Document Word
  • Subpoena - PDF Document PDF | Word Document Word
  • Notice to Persons Served with a Subpoena - PDF Document PDF | Word Document Word
  • Objection to Subpoena - PDF Document PDF | Word Document Word
  • Declaration of Compliance with Subpoena - PDF Document PDF | Word Document Word

All Subpoena Forms

This is a list of all subpoena forms. Not all are needed for every situation.

  • Subpoena - PDF Document PDF | Word Document Word
  • Notice to Persons Served with a Subpoena - PDF Document PDF | Word Document Word
  • Objection to Subpoena - PDF Document PDF | Word Document Word
  • Declaration of Compliance with Subpoena - PDF Document PDF | Word Document Word
  • Application for Subpoena under the Utah Uniform Interstate Depositions and Discovery Act - PDF Document PDF | Word Document Word
  • Notice of Deposition and Request for Subpoena in Case Pending Out of State - PDF Document PDF | Word Document Word

Related Information



Page Last Modified: 11/19/2014
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