Parental Defense Alliance of Utah
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New Subpoena Rule - 11/1/2007 New Subpoena Rule Goes Into Effect November 1,
2007
A rewrite of Rule 45 on subpoenas becomes
effective today. Below is the rule in full. The bold print highlights some of
the major changes, such as clarifying the requirement for actual notice of the
subpoena to be served on opposing counsel before service of the subpoena.
The new rule is here: http://www.utcourts.gov/resources/rules/urcp/urcp045.html
The form to be supplied to the person served with
the subpoena has also changed, and there is now a form declaration that must be
signed and returned: http://www.utcourts.gov/resources/rules/urcp/formstoc.htm
Rule 45. Subpoena. (f) Duties in responding to subpoena.(f)(1) A person commanded to copy and mail or deliver documents or electronically stored information or to produce documents, electronically stored information or tangible things shall serve on the party or attorney responsible for issuing the subpoena a declaration under penalty of law stating in substance: (f)(1)(A) that the declarant has knowledge of the facts contained in the declaration; (f)(1)(B) that the documents, electronically stored information or tangible things copied or produced are a full and complete response to the subpoena; (f)(1)(C) that the documents, electronically stored information or tangible things are the originals or that a copy is a true copy of the original; and (f)(1)(D) the reasonable cost of copying or producing the documents, electronically stored information or tangible things. [go back] |