(a) Who may request a subpoena. Before the screening panel authorizes the OPC to commence an Action against Respondent, the Respondent may, for good cause, request that the Committee chair authorize service of a subpoena on a third party to produce documents, electronically stored information, or tangible things in the possession, custody, or control of that person or entity. Except where good cause is shown, all petitions under this rule require a seven-day written notice to the OPC before the Committee chair authorizes the subpoena.
(b) Subpoena service. Subpoenas served under this rule must be served by the Respondent in accordance with Rule 45 of the Utah Rules of Civil Procedure.
(c) Subpoena enforcement. A district court in the district in which the production is required may, upon proper application, enforce the production of any documents subpoenaed.
(d) Quashing or enforcing subpoena. The Committee chair or the district court wherein the subpoena enforcement is being sought will hear and determine any attack on an issued subpoena as provided for in Rule 45 of the Utah Rules of Civil Procedure. Any resulting order by the district court is not appealable before entry of a final order in the proceeding.
(e) Costs. Costs are reimbursed by the Respondent as provided under Rule 45 of the Utah Rules of Civil Procedure.
Effective December 15, 2020