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Rule 11-523. OPCinvestigative subpoenas.

(a) Power to subpoena. The OPC may request thatthe Committee chair approve serving on a Respondent or third party a subpoenato produce documents, electronically stored information, or tangible things inthe possession, custody, or control of that person.

(b) Requesting a subpoena. The OPC must file a written request with theCommittee chair for a subpoena and attach a copy of the proposed subpoena. TheOPC must mail or email a copy of the request and proposed subpoena to theRespondent?s address according to the Bar?s records. The request must describethe purpose for seeking the subpoena. Any objections to the request must befiled with the chair within seven days after the subpoena request is sent.Within seven business days after the time for filing an objection expires, theCommittee chair will grant or deny the subpoena request, without a hearing,based on weighing:

(1)the materiality and necessity of the requesteddocuments, electronically stored information, or tangible things; and

(2)the burden to the custodian of producing thedocuments, electronically stored information, or tangible things.

(c) Serving the subpoena. If the Committee chair grants the request,the OPC may sign and serve the subpoena in accordance with Rule 45 of the UtahRules of Civil Procedure.

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

(e) Quashing or enforcing a subpoena. A district court in the districtin which the attendance or production is being sought may, upon properapplication, quash the subpoena, or enforce the production of any documentssubpoenaed as provided for in Rule 45 of the Utah Rules of Civil Procedure. Anyresulting order is not appealable before the entry of a final order in thedisciplinary proceeding.

EffectiveDecember 15, 2020