Subpoena Service for Utah Attorneys & Law Firms

Subpoenas Served by Utah's Rules

A subpoena only works if it's served properly. Under Rule 45 of the Utah Rules of Civil Procedure, a subpoena may be served by anyone who is at least 18 and not a party to the case, and it must be served on the person it's directed to as Rule 4(d) provides. Anderson Attorney Services serves subpoenas for attorneys and law firms throughout Utah, and every completed service comes with a sworn affidavit of service documenting the date, time, location, and person served.

We serve witnesses and records custodians statewide, including in Salt Lake City, Provo, Ogden, Sandy, Lehi, Logan, Park City, Cedar City, and Vernal. See all of our Utah service areas.

Subpoenas We Serve

• Trial and hearing subpoenas — commanding a witness to appear and testify
• Deposition subpoenas — commanding a witness to appear for a deposition
• Records subpoenas (subpoena duces tecum) — commanding a person or business to produce or copy documents, electronically stored information, or tangible things
• Subpoenas to inspect premises — commanding a person to permit inspection of premises
• Out-of-state subpoenas — subpoenas issued by a Utah clerk under Utah's Uniform Interstate Depositions and Discovery Act for a case pending in another state

What to Have Ready Before Service

Rule 45 puts a few requirements on the party or attorney issuing the subpoena, and getting them right avoids a second trip:

• Witness fee and mileage — if the subpoena commands an appearance, the fee for one day's attendance and the mileage allowed by law must be tendered with it (unless it's issued on behalf of the United States or Utah or one of their agencies or officers). Send it with the subpoena and we'll deliver it at service.
• Prior notice to parties — for a records or inspection subpoena, each party must be served with the subpoena before it's served on the recipient.
• Time to comply — a records subpoena must allow at least 14 days after service to comply.
• Place of appearance — a Utah resident can be required to appear at a deposition or produce records only in the county where they live, work, or do business in person, or where the court orders.

Hard-to-Find Witnesses and Busy Records Custodians

Witnesses move, change jobs, and stop answering the phone. When we can't reach a witness at the address on file, our skip tracing team can confirm a current address before more attempts. For records subpoenas served on businesses, we find the right office and the right person to accept it. Our court services team can obtain signed subpoenas from the clerk and file documents for you, and our customized affidavits match your firm's format. For summons, complaints, and other documents, see process service.

Out-of-State Subpoenas in Utah

If your case is pending in another state and you need testimony or records from someone in Utah, Utah's Uniform Interstate Depositions and Discovery Act (Utah Code Title 78B, Chapter 17) provides the process. You submit the foreign subpoena to a Utah court clerk in the judicial district where the discovery will take place, and the clerk issues a Utah subpoena that incorporates its terms and lists all counsel of record. That Utah subpoena must then be served under Utah Rules of Civil Procedure 4 and 5. We serve it and return an affidavit of service. More on serving into Utah: out-of-state service into Utah.

Frequently Asked Questions About Subpoena Service

Who can serve a subpoena in Utah?

Under Utah Rule of Civil Procedure 45, any person who is at least 18 years old and not a party to the case may serve a subpoena.

Do I have to include a witness fee with the subpoena?

If the subpoena commands a person to appear, Rule 45 requires the fee for one day's attendance and the mileage allowed by law to be tendered with the subpoena, unless it is issued on behalf of the United States or Utah or one of their agencies or officers. Send it with the subpoena and we will deliver it.

How much time does a records subpoena have to allow?

Rule 45 requires a subpoena to produce documents or electronically stored information to allow at least 14 days after service to comply.

Do other parties need notice of a records subpoena?

Yes. Under Rule 45, for a subpoena to produce records or permit inspection, the issuing party or attorney must serve each party with the subpoena before serving it on the recipient.

Can you serve a subpoena from another state on someone in Utah?

Yes, once it is issued in Utah. Under Utah's Uniform Interstate Depositions and Discovery Act, you submit the foreign subpoena to a clerk in the Utah judicial district where discovery will take place, the clerk issues a Utah subpoena, and we serve it under Utah Rules of Civil Procedure 4 and 5.

Do you provide proof of service for subpoenas?

Yes. Every completed service includes a sworn affidavit of service noting the date, time, location, and person served.

This page is general information about serving documents in Utah, not legal advice. Statutes and court rules change; confirm current requirements with your attorney or the court.