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Rule 11-512. Respondent subpoena petitions.

(a) Who may request a subpoena.Before the screening panel authorizes the OPC to commence an Action againstRespondent, the Respondent may, for good cause, request that the Committee chair authorize service of asubpoena on a third party to produce documents, electronically storedinformation, or tangible things in the possession, custody, or control of thatperson or entity.Except where good cause is shown, all petitions under this rule require aseven-day written notice to the OPC before the Committee chair authorizes thesubpoena.

(b) Subpoena service. Subpoenas served under this rule must be served bythe Respondent in accordance with Rule 45 of the Utah Rules of Civil Procedure.

(c) Subpoena enforcement. A districtcourt in the district in which the production is required may, upon properapplication, enforce the production of any documents subpoenaed.

(d) Quashing or enforcing subpoena.The Committee chair or the district court wherein the subpoena enforcement isbeing sought will hear and determine any attack on an issued subpoena asprovided for in Rule 45 of the Utah Rules of Civil Procedure. Any resultingorder by the district court is not appealable before entry of a final order inthe proceeding.

(e) Costs. Costs are reimbursed by theRespondent as provided under Rule 45 of the Utah Rules of Civil Procedure.

EffectiveDecember 15, 2020