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Rule 14. Subpoenas

 

(a) Subpoenas requiring the attendance of a witness orinterpreter and production or inspection of records, papers, or other objects.

 

(a)(1) A subpoena to require the attendance of a witness orinterpreter before a court, magistrate or grand jury in connection with acriminal investigation or prosecution may be issued by the magistrate with whoman information is filed, the prosecuting attorney on his or her own initiativeor upon the direction of the grand jury, or the court in which an informationor indictment is to be tried. The clerk of the court in which a case is pendingshall issue in blank to the defendant, without charge, as many signed subpoenasas the defendant may require. An attorney admitted to practice in the court inwhich the action is pending may also issue and sign a subpoena as an officer ofthe court.????????????????????????????????????????????

 

(a)(2) A subpoena may command the person to whom it isdirected to appear and testify or to produce in court or to allow inspection ofrecords, papers or other objects, other than those records pertaining to avictim covered by Subsection (b). The court may quash or modify the subpoena ifcompliance would be unreasonable.

 

(a)(3) A subpoena may be served by any person over the ageof 18 years who is not a party. Service shall be made by delivering a copy ofthe subpoena to the witness or interpreter personally and notifying the witnessor interpreter of the contents. A peace officer shall serve any subpoenadelivered for service in the peace officer's county.

 

(a)(4) Written return of service of a subpoena shall be madepromptly to the court and to the person requesting that the subpoena be served,stating the time and place of service and by whomservice was made.

 

(a)(5) A subpoena may compel the attendance of a witnessfrom anywhere in the state.

 

(a)(6) When a person required as a witness is in custodywithin the state, the court may order the officer having custody of the witnessto bring the witness before the court.

 

(a)(7) Failure to obey a subpoena without reasonable excusemay be deemed a contempt of the court responsible forits issuance.

 

(a)(8) Whenever a material witness is about to leave thestate, or is so ill or infirm as to afford reasonable grounds for believingthat the witness will be unable to attend a trial or hearing, either party may,upon notice to the other, apply to the court for an order that the witness beexamined conditionally by deposition. Attendance of the witness at thedeposition may be compelled by subpoena. The defendant shall be present at thedeposition and the court shall make whatever order is necessary to affect suchattendance.

 

(b) Subpoenas for the production of records of victim.

 

(b)(1) No subpoena or court order compelling the productionof medical, mental health, school, or other non‑public records pertainingto a victim shall be issued by or at the request of the defendant unless thecourt finds after a hearing, upon notice as provided below, that the defendantis entitled to production of the records sought under applicable state andfederal law.

 

(b)(2) The request for the subpoena or court order shallidentify the records sought with particularity and be reasonably limited as tosubject matter.

 

(b)(3) The request for the subpoena or court order shall befiled with the court as soon as practicable, but no later than 28 daysbefore trial, or by such other time as permitted by the court. The request andnotice of any hearing shall be served on counsel for the victim or victim'srepresentative and on the prosecutor. Service on an unrepresented victim shallbe made on the prosecutor.

 

(b)(4) If the court makes the required findings undersubsection (b)(1), it shall issue a subpoena or orderrequiring the production of the records to the court. The court shall thenconduct an in camera review of the records and disclose to the defense andprosecution only those portions that the defendant has demonstrated a right toinspect.

 

(b)(5) The court may, in its discretion or upon motion ofeither party or the victim or the victim's representative, issue any reasonableorder to protect the privacy of the victim or to limit dissemination ofdisclosed records.

 

(b)(6) For purposes of this rule, "victim" and"victim's representative" are used as defined in Utah Code Ann. ? 77‑38‑2(2).

 

(c) Applicability of Rule 45, Utah Rules of Civil Procedure.

 

The provisions of Rule 45, Utah Rules of Civil Procedure,shall govern the content, issuance, and service of subpoenas to the extent thatthose provisions are consistent with the Utah Rules of Criminal Procedure.

 

AdvisoryCommittee Notes

 

 

 

 

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