Part 1: Domesticating an Out-of-State Subpoena in Utah Under UIDDA
When a lawsuit is pending in another state (such as California, Texas, New York, or Nevada) and an attorney needs to depose a witness residing in Utah or subpoena records from a Utah corporation, hospital, or bank, the out-of-state subpoena cannot simply be served directly on the Utah resident unless domesticated.
Utah has enacted the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at Utah Code §§ 78B-17-101 through 78B-17-301. Under Utah's UIDDA, out-of-state attorneys do NOT need to open a formal civil lawsuit or hire Utah local counsel just to have a foreign subpoena issued—provided the foreign state grants reciprocal privileges to Utah attorneys.
Step-by-Step UIDDA Subpoena Issuance Procedure in Utah (§ 78B-17-201)
To domesticate a foreign subpoena in Utah under Utah Code § 78B-17-201, follow these four steps:
1. Identify the Proper Utah District Court: The foreign subpoena must be submitted to the clerk of the Utah District Court in the judicial district/county where discovery is to be conducted (for example, the Third District Court in Salt Lake County for witnesses or registered agents in Salt Lake City, Midvale, Murray, Sandy, or West Jordan; or the Fourth District Court in Provo for Utah County witnesses).
2. Prepare the Utah UIDDA Application Packet: Submit (a) an Application for Subpoena under the Utah Uniform Interstate Depositions and Discovery Act, (b) the original or true copy of the foreign subpoena issued by the trial state, (c) a prepared Utah-form Subpoena that incorporates the exact terms of the foreign subpoena and lists the names, addresses, and telephone numbers of all counsel of record and any unrepresented parties in the foreign proceeding, and (d) the mandatory Utah 'Notice to Persons Served with a Subpoena' and blank 'Objection to Subpoena' forms required by URCP Rule 45.
3. Clerk Issuance & Filing Fee: Under § 78B-17-201(2), requesting issuance of a UIDDA subpoena does not constitute making an appearance in the courts of Utah. The District Court clerk reviews the packet, collects the statutory UIDDA subpoena issuance fee, and signs/seals the Utah subpoena.
4. Service Under URCP Rule 45 (§ 78B-17-202): Once issued by the Utah clerk (or signed by a Utah-licensed attorney if local counsel is retained), the subpoena must be served in compliance with URCP Rule 45 and Rule 4(d), accompanied by the mandatory $18.50 witness attendance fee (plus mileage over 50 miles) under Utah Code § 78B-1-119 if personal testimony is required.
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Part 2: Serving Out-of-State Lawsuits on Defendants Located in Utah
If your firm has filed a lawsuit in another state or a federal district court and the defendant, witness, or registered agent is located in Utah, Utah Process Service serves out-of-state pleadings daily across all 29 Utah counties.
When serving out-of-state process in Utah, our servers carefully adhere to BOTH Utah rules and the originating state's return requirements—whether your jurisdiction requires a traditional notarized Affidavit of Service (such as New York CPLR § 306 or California POS-010), specific physical description fields, or an unsworn declaration under penalty of perjury.
Part 3: Serving Utah Court Papers on Defendants Outside of Utah
Conversely, if you have filed a lawsuit in a Utah court against a nonresident defendant subject to Utah's Long-Arm Statute (Utah Code § 78B-3-205—covering transaction of business in Utah, contracting to supply services/goods in Utah, causing tortious injury in Utah, or owning real property in Utah), URCP Rule 4(d) allows service outside of Utah in any manner permitted inside Utah or permitted by the law of the state where service is made. Keep in mind that under URCP Rule 12(a), a defendant served outside of Utah has 30 calendar days (rather than 21 days) to file an Answer.