This form is a sample subpoena seeking documents, served upon a non-party to the action.
Utah Subpoena for Documents to a Nonparty
State:
Multi-State
Control #:
US-PI-0315
Format:
Word;
Rich Text
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FAQ
In most jurisdictions, a non-party recipient of a documents subpoena is entitled to substantial protections from undue burden and expense. But prompt action ? usually within 14 days ? is vitally important. A non-party has three options upon receipt of a documents subpoena: object, comply, or move to quash.
A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.
Utah Rule of Civil Procedure 45(e)(4)(A). After an objection is served the person served with the subpoena does not have to comply with the subpoena. The party issuing the subpoena can then ask the court for an order to compel compliance by filing a motion to compel with the court.
The documents should then be personally served on the recipient ing to Utah's rules for personal service and those established by the state issuing the subpoena. Once an out-of-state subpoena has been successfully served, it must be returned to the court of origin.
Witness fee. If the subpoena requires you to appear, a one-day witness fee must be served with the subpoena. A one-day witness fee is $18.50 plus mileage. The witness fee for each subsequent day is $49.00 plus mileage. Mileage is $1.00 for each 4 miles you have to travel over 50 miles (one direction).
An attorney admitted to practice in Utah may issue and sign a subpoena as an officer of the court. (b) Service; fees; prior notice. (1) A subpoena may be served by any person who is at least 18 years of age and not a party to the case.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
