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Utah Memorandum in Support of Motion to Quash or Modify Subpoena

State:
Utah
Control #:
UT-KS-377-06
Format:
PDF
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A06 Memorandum in Support of Motion to Quash or Modify Subpoena
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FAQ

If you ignore the subpoena, you can be held in contempt of court. This does not mean that you don't have recourse if you are concerned about complying with a subpoena. If there is a legal reason that would permit you to avoid testifying or providing documents, you can file a motion to quash the subpoena.

The answer is, maybe. The next shortest answer I can give is that, although a witness has no excuse to ignore a subpoena based simply on the fact that the case is pending outside the state where the witness lives, you do not need to automatically comply with the subpoena. Be proactive and analyze the subpoena.

Lawyers who are licensed in the state usually have the power to issue a subpoena. However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

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Utah Memorandum in Support of Motion to Quash or Modify Subpoena