Salt Lake Utah Subpoena Duces Tecum
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How to fill out Subpoena Duces Tecum?
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FAQ
The summons and complaint may be served by the sheriff or constable, or their deputy. Utah Process Service may also be done by a United States Marshal or their deputy, or by any other person eighteen years of age or older at the time of service, and not a party to the action or a party's attorney.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Documents can be served by a sheriff, a constable, a U.S. Marshal, or by any person 18 or older who is: not a party in the case or an attorney for a party in the case, not been convicted of a felony violation of a sex offense listed in Utah Code section 77-41-102(16), or.
A subpoena is issued by the court and is served by the sheriff of the court. The attorney who requested the subpoena to be issued may also, as a courtesy, deliver a copy of the subpoena to you or make contact with you regarding the subpoena before the sheriff of the court delivers a copy to you.
A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
A subpoena must be signed by a court clerk or a Utah attorney. An unrepresented party must have a court clerk sign a subpoena. Subpoenas are governed by Utah Rule of Civil Procedure 45. In criminal cases, subpoenas are governed by Utah Rule of Criminal Procedure 14.
(1) A subpoena may be served by any person who is at least 18 years of age and not a party to the case. Service of a subpoena upon the person to whom it is directed shall be made as provided in Rule 4(d).