(a) Subpoenas requiring the attendance of awitness or interpreter and production or inspection of records, papers, orother objects.
(a)(1) A subpoenato require the attendance of a witness or interpreter before a court,magistrate or grand jury in connection with a criminal investigation orprosecution may be issued by the magistrate with whom an information is filed,the prosecuting attorney on his or her own initiative or upon the direction ofthe grand jury, or the court in which an information or indictment is to betried. The clerk of the court in which a case is pending must issue in blank tothe defendant, without charge, as many signed subpoenas as the defendant mayrequire. An attorney admitted to practice in the court in which the action ispending may also issue and sign a subpoena as an officer of thecourt.
(a)(2) A subpoenamay command the person to whom it is directed to appear and testify or toproduce in court or to allow inspection of records, papers or other objects,other than those records pertaining to a victim covered by Subsection (b). Thecourt may quash or modify the subpoena if compliance would be unreasonable.
(a)(3) A subpoenamay be served by any person over the age of 18 years who is not a party.Service must be made by delivering a copy of thesubpoena to the witness or interpreter personally and notifying the witness orinterpreter of the contents. A peace officer must serve any subpoena deliveredfor service in the peace officer's county.
(a)(4) Written return of service of a subpoena must be madepromptly to the court and to the person requesting that the subpoena be served,stating the time and place of service and by whom servicewas made.
(a)(5) A subpoenamay compel the attendance of a witness from anywhere in the state.
(a)(6) When aperson required as a witness is in custody within the state, the court mayorder the officer having custody of the witness to bring the witness before thecourt.
(a)(7) Failure toobey a subpoena without reasonable excuse may be deemed a contempt ofthe court responsible for its issuance.
(a)(8) If a party has reason to believe a material witness is aboutto leave the state, will be too ill or infirm to attend a trial or hearing, orwill not appear and testify pursuant to a subpoena, the party may, upon noticeto the other, apply to the court for an order that the witness be examinedconditionally by deposition. The party must file an affidavit providingfacts to support the party?s request. Attendance of the witness at thedeposition may be compelled by subpoena. The defendant shall be present at thedeposition and the court will make whatever order is necessary to effect such attendance. A deposition may be used assubstantive evidence at the trial or hearing to the extent it would otherwise beadmissible under the Rules of Evidence if the witnessis too ill or infirm to attend, the party offering the deposition has beenunable to obtain the attendance of the witness by subpoena, or the witness refuses to testify despite a courtorder to do so.
(b) Subpoenas for the production of records ofvictim.
(b)(1) No subpoena or court ordercompelling the production of medical, mental health, school, or other privilegedrecords pertaining to a victim shall be issued by or at the request of anyparty unless the court finds after a hearing, upon notice as provided below,that the records are material and the party is entitled to production of therecords sought under applicable rules of privilege, and state and federal law.
(b)(2) The request for the subpoena or court ordershall identify the records sought with particularity and be reasonably limitedas to subject matter.
(b)(3) The request for the subpoena or court order shallbe filed 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 forthe victim or victim's representative and on the opposing party. Service on anunrepresented victim must be facilitatedthrough the prosecutor. The prosecutor must make reasonable efforts to providea copy of the request for the subpoena to the victim or victim?s representativewithin 14 days of receiving it.
(b)(4) If the court makes therequired findings under subsection (b)(1), it must issue a subpoena or order requiring theproduction of the records to the court. The court willthen conduct an in camera review of the records anddisclose to the defense and prosecution only those portions that the requestingparty has demonstrated a right to inspect.
(b)(5) Any party issuing a subpoena for non-privilegedrecords, papers or other objects pertaining to a victim must serve a copy ofthe subpoena upon the victim or victim?s representative. Service on anunrepresented victim must be facilitated through the prosecutor. The prosecutormust make reasonable efforts to provide a copy of the subpoena to the victimwithin 14 days of receiving it. The subpoena may not require compliance in lessthan 14 days after service on the prosecutor or victim?s representative.
(b)(6) The court may, in itsdiscretion or upon motion of either party or the victim or the victim'srepresentative, issue any reasonable order to protect the privacy of the victimor to limit dissemination of disclosed records.
(b)(7) Forpurposes of this rule, "victim" and "victim'srepresentative" are used as defined in Utah Code ? 77‑38‑2.
(b)(8) Nothing inthis rule alters or supersedes other rules, privileges, statutes or caselawpertaining to the release or admissibility of an individual?s medical,psychological, school or other records.
(c) Applicability of Rule 45, Utah Rules ofCivil Procedure.? The provisions ofRule 45, Utah Rules of Civil Procedure, will govern the content, issuance, objectionsto, and service of subpoenas to the extent those provisions are consistent withthe Utah Rules of Criminal Procedure.
Effective January1, 2020