Uniform Interstate Depositions and Discovery Act (UIDDA)-Utah
Utah and the UIDDA Process Service in a foreign state must be carried out in accordance with the jurisdiction's rules for service of process in general jurisdiction courts or upon a person or entity through personal service. A copy of Utah and the UIDDA Process Service may be hand-delivered to an officer or the general managing agent of a company for personal service.
Any mail requiring a signed receipt must be used when serving papers, and the court clerk must ensure they reach the intended recipient. In order to comply with Utah and the UIDDA law or the legislation of the foreign country, evidence of service must be provided. When serving legal documents in Utah, a receipt signed by the recipient or another form of evidence of delivery to the recipient acceptable to the court will suffice as service.
If the identity or whereabouts of the person to be served cannot be ascertained with reasonable diligence, if it is impractical to serve all of the individual parties, or if there is good cause to believe that the person to be served is avoiding Utah Process Service, the party seeking Utah Process Service may file a motion supported by affidavit requesting an order allowing publication, mail, or some other method of serving the person to be served. In the event that it is difficult to serve all of the parties, an affidavit should be submitted explaining the steps taken to try to do so.
The court order must specify both the nature of Utah and the UIDDA Service and the time at which it is to be deemed complete. A copy of the court order will be served to the defendant in accordance with the rules of Utah and the UIDDA Service.
PROOF OF SERVICE APPLICATION PROCEDURES
Within ten days following Utah and the UIDDA Service, the effecting party service must submit evidence of service with the court. This must be done in any case before the deadline by which the party being served must answer to Utah and the UIDDA Service. A certificate stating the date, location, and mode of service is required as proof of service by a sheriff, constable, or United States Marshal. Proof of service is established by an affidavit that includes a declaration of the date, location, and mode of service, as well as the age of the person making the affidavit.
An affidavit of the publisher or that person's designated agent attesting to publication and clarifying the dates between the first and last publications is required for service by publication; additionally, an affidavit of the clerk of the court attesting to the deposit of a copy of the summons and complaint in the United States mail is required for service by mail. Affidavit of the clerk proving deposit of a copy of the summons and complaint in the United States mail and evidence of receipt should be adequate; however, if this proof of service is made by United States mail.
Service must be considered complete if the person serving the process identifies the document by name and offers a copy of the Utah Process Service, even if the person being served refuses the copy. This copy must be dated and signed by the person who served it. The date of service, the officer's name and title (if applicable), and the officer's signature shall be affixed to the copy of the summons that was left behind for the individual who was served.
HOW TO ISSUE A SUBPOENA IN UTAH
Utah and the UIDDA regulations must be followed for every subpoena. If the subpoena is to be valid, it must contain the following information: [A.] the name and address of the court issuing the subpoena; [B.] the name and address of the party or attorney serving the subpoena; [C.] the name and address of each person to whom it is directed to appear to give testimony at trial, or a hearing, or a deposition, or to produce or to permit inspection and copying of documents or tangible things.
The clerk may issue a subpoena to the interested party, but it will remain blank until the interested party fills it out before documents are served. A subpoena may also be issued and signed by an attorney who is licensed to practice law in the court where the case is being heard since they are also considered to be court officials.
According to Utah and the UIDDA, a subpoena may be served by any adult who is not a party to the litigation. A person may be compelled to appear in court by paying them the expense of attending for one day plus the legal distance. Subpoenas issued by the United States, Utah, or any officer or agency are exempt from fees and mileage. Any discovery requests that call for the production or inspection of papers or tangible items, or that call for an inquiry of premises, must be served on all parties in advance of trial.
When a subpoena is issued, the person serving it must file a statement with the court clerk indicating when and how the subpoena was served, along with the names of the individuals receiving copies. Subpoenas for depositions, the production of papers or tangible items, or the examination of premises must be served in accordance with the laws of the state in which the relevant proceedings are being held. A subpoena for attendance at a trial or hearing may be issued from any location within the state.
HOW TO CONDUCT A DEPOSITION IN UTAH
A Utah resident may only be compelled to appear for a deposition in the county where they live, work, or have a business unless the court directs otherwise. Any non-resident who has been subpoenaed to appear in a deposition in this state must do so in the county where they were issued the subpoena or any other place specified by the court.
When someone is subpoenaed to testify in court, the party issuing the subpoena may also request that the witness bring documents or other tangible things pertinent to the subject matter of the examination. Subpoenas may be issued to have documents or other tangible things produced or examined, as well as to have the subject's residence or place of business inspected. After an action has begun, a subpoena may be issued to compel a non-party to provide documents and physical items or enable examination, copying, or inspection.
The person must be given at least fourteen days to comply, but otherwise, there are no exceptions to the scope or procedure of Utah and the UIDDA provisions. The receiving party is responsible for paying any reasonable expenses associated with producing new copies of requested documents or goods. Upon request and payment of reasonable fees, the party issuing the subpoena must provide the party being subpoenaed with copies of any documents obtained pursuant to the subpoena.
The party or lawyer issuing and serving the subpoena must use reasonable care to ensure that the process does not unduly burden or financially burden the witness. The court issuing the subpoena may impose whatever sanction it deems appropriate against the non-complying party or attorney, including but not limited to the lost pay and a reasonable attorney's fee as per Utah and the UIDDA regulations.
A non-party served with a subpoena has fourteen days from the date of Utah and the UIDDA Process Service (or such shorter period as the court may instruct for a good cause shown) to comply with the subpoena by producing the requested documents or tangible things, allowing inspection and copying of the requested documents or tangible things, or allowing inspection of the requested premises.
Unless additionally obliged to present at trial, a party who has been served with an order to provide papers or physical goods or to authorize examination of premises is not needed to appear at the venue of production or inspection personally.
HOW TO OBSERVE OR AMEND A SUBPOENA
Someone who receives a subpoena may object in writing by delivering it to the party or attorney named in the subpoena before the Utah and UIDDA deadline for compliance. There is the option to file a formal objection to any or all of the papers, physical items, and places scheduled for examination and copying. If an objection is filed, the party issuing the subpoena will need the court's permission to inspect the papers, make copies, or enter the premises.
A subpoena may be overturned if it compels testimony that could reveal a trade secret or other confidential research, development, or commercial information; the opinion or other non-descriptive information of an unretained expert; or information resulting from the expert's study conducted without the request of any party. A court may order an appearance or production only upon specified conditions if the party serving the subpoena demonstrates a substantial need for the testimony or material that cannot be met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated.
Documents sought in response to subpoenas must be provided in the format in which they are maintained on a regular basis or sorted and labeled according to the criteria specified in the subpoena. Information claimed to be protected or exempt from disclosure as a result of its use in trial preparation must be given specifically in response to a subpoena.
Contempt of court might be found if someone ignored a valid subpoena without a good reason. The nonparty has a good cause to refuse to comply with a subpoena if it requires the nonparty to present or produce evidence at a place beyond the scope of the subpoena. The court may issue a warrant authorizing the sheriff to apprehend a witness and bring them to court if the witness fails to appear as required.
It is first imperative to find out whether the UIDDA has been implemented in the state where the record is kept. If so, the individual should fill out the AOC-G-100 form to create a Subpoena for the requesting state. In order to get a Utah and the UIDDA subpoena, it is recommended that the individual indicates on the subpoena that it is not enforceable. An application for a subpoena under the UIDDA is not the same as making an appearance in court in the state where the record is kept.
After the application is completed, the subpoena is issued by the clerk of the court, where the record is kept by sending them the subpoena and a draft subpoena that meets the other state's standards of discovery. In addition to required Utah and the UIDDA paperwork, several states additionally need an application. Any party not represented by counsel and all attorneys of record should have their Utah and the UIDDA contact information included in the subpoena.
It should be kept in mind that Utah and the UIDDA laws of the state where the subpoena will be issued will control any move directly affecting the subpoena (to quash, enforce, or alter). Further, the state where the subpoena will be issued has the burden of proof that its discovery laws will apply (though some states have rebutted this burden). It must be emphasized that the subpoena served on the out-of-state clerk's office conforms to their regulations. A foreign subpoena must be submitted to the clerk of court in the county where discovery is to be performed as per Utah and the UIDDA requirements in order to obtain a subpoena. Making a subpoena request under Utah and the UIDDA laws do not constitute court attendance in this jurisdiction.
In line with Utah and the UIDDA process of the court to which the international subpoena is submitted, the clerk of court in this state must quickly issue a subpoena for service against the individual to whom the foreign subpoena is addressed. A subpoena issued as per Utah and the UIDDA should use the same language as the foreign subpoena and include or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates, as well as those of any party not represented by counsel.
Only if the other state has passed the uniform act or enacted Utah and the UIDDA provisions substantially similar can parties residing in another state utilize the provisions of this chapter for the issuance, service, or enforcement of subpoenas. Requesting a subpoena under Utah and the UIDDA (but not appearing in court to answer the subpoena) is not the same.
Uniform Interstate Depositions and Discovery Act Adopted - 2008
Bill Number: SB 205 Sponsor Hillyard
Utah Code Section 78B-17-201
Guidance from Utah Courts Click Here
Utah Courts Click Here
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1. Without clear and convincing evidence of serious injury to the person against whom the Utah Process Service was issued, the court will accept alteration of process or proof of service.
2. A command to appear at trial, hearing, or deposition may be issued in conjunction with, or apart from, an order to produce or to authorize inspection and copying of documents or physical things or to facilitate investigation of premises
3. If the subpoena: [A.] does not provide a reasonable time for compliance; [B.] requires a resident of Utah who is not a party to appear at a deposition in a county where they do not stay, work, or transact business in person, or requires a non-resident of Utah to appear at a deposition in a county other than the county in which the person was served; or [C.] requires disclosure of privileged or other protected matter and no exception
4. It is recommended that the draft subpoena be prepared in consultation with the clerk's office's online website outlining its forms and processes.
5. Required documents:
- Civil Cover Sheet for Civil Actions
- Application for Subpoena under the Utah Uniform Interstate Depositions and Discovery Act (We'll need the original signed and one copy to serve and one copy to return to the customer)
- Subpoena (please provide at least two copies)
- Notice to Persons Served with a Subpoena (please provide at least two copies)
- Objection to Subpoena (please provide at least two copies)
- Declaration of Compliance with Subpoena (please provide at least two copies)
- Copy of Subpoena, which is foreign to Utah. (This will be lodged with the Utah court and served along with the Utah State-issued documents) This document must be provided to us by the Customer located out of state.
- Notice of Deposition and Request for Subpoena in Case Pending Out of State (Maine, Rhode Island, and Florida
6. Clerk-issued subpoenas under Utah Code 78B-17-201 must be served in accordance with Utah Rules of Civil Procedure 4 and 5.
7. Upon receipt of a foreign subpoena by a clerk of court in Utah, the clerk must quickly issue a subpoena for service upon the person to whom the foreign subpoena is addressed, in accordance with the process of that court.