Utah Code 78B-17-201. Issuance of subpoena
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 78B-17-201
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Utah Code 78B-17-102
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Utah Code 78B-17-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-17-102
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena: means a document, however denominated, issued under authority of a court of record requiring a person to:(5)(a) attend and give testimony at a deposition;(5)(b) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or(5)(c) permit inspection of premises under the control of the person. See Utah Code 78B-17-102(1)(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a court in the judicial district in which discovery is sought to be conducted in Utah.(1)(b) A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this state.
(2) When a party submits a foreign subpoena to a clerk of court in Utah, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.
(3) A subpoena under Subsection (2) must:
(3)(a) incorporate the terms used in the foreign subpoena; and
(3)(b) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.