How Subpoenas Are Issued and Served Under URCP Rule 45
Utah Rule of Civil Procedure 45 governs the issuance, service, compliance, and objection procedures for civil subpoenas in Utah District and Justice Courts. A subpoena may command a non-party to appear and testify at a trial, hearing, or deposition; to produce documents, electronically stored information (ESI), or tangible things (a subpoena duces tecum); or to permit inspection of premises.
Under URCP Rule 45(a)(2), the court clerk issues a subpoena, or an attorney licensed to practice in Utah may issue and sign a subpoena directly as an officer of the court. Pro se (self-represented) litigants must submit their proposed subpoena to the court clerk for signature prior to service.
Under URCP Rule 45(b)(1), any person who is at least 18 years old and is not a party or a party's attorney may serve a subpoena. Service of a subpoena is governed by the personal and abode delivery standards of URCP Rule 4(d).
Mandatory Witness Fee & Mileage Calculation Under Utah Code § 78B-1-119
One of the most frequent procedural errors in Utah litigation is serving a testimonial subpoena without tendering the statutory witness fee and mileage allowance. Under URCP Rule 45(b)(2) and Utah Code § 78B-1-119, if the subpoena commands the witness to appear in person to testify, one day's attendance fee and statutory mileage must be tendered with the subpoena:
• First Day Attendance Fee: $18.50 per witness (Utah Code § 78B-1-119(1)(a)).
• Each Subsequent Day of Attendance: $49.00 per day.
• Utah In-State Mileage Formula (§ 78B-1-119(1)(b)): Utah does NOT pay mileage for the first 50 miles of travel. If a witness is required to travel more than 50 miles one-way from their residence to the courthouse or deposition location, the witness is entitled to $1.00 for every 4 miles traveled in excess of the initial 50 miles (calculated one-way / 'going only'). For example, a witness traveling 90 miles one-way is entitled to mileage on the 40 excess miles ($40 ÷ 4 = $10.00), for a total first-day check of $28.50 ($18.50 + $10.00).
• Out-of-State Civil Witnesses (§ 78B-1-119(2)): A witness traveling from outside Utah in a civil case receives $0.25 per mile for the distance actually and necessarily traveled inside the state borders of Utah, calculated going only.
• Records-Only Subpoenas (Subpoena Duces Tecum Without Appearance): If the subpoena only commands the production or copying of business or medical records and does NOT require the custodian to appear in person, no $18.50 attendance fee is required at service (though reasonable copying/production costs apply).
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Notice to Parties & Mandatory Attachments Under URCP Rule 45
Utah Rule of Civil Procedure 45 contains three strict procedural safeguards that must be satisfied for a subpoena to be enforceable:
1. Prior Notice to All Parties (Rule 45(b)(3)): If a subpoena commands the production of documents/ESI or inspection of premises before trial, the issuing party MUST serve a Notice of Subpoena on every other party to the lawsuit before serving the subpoena on the non-party witness.
2. Mandatory Attachment of Notice to Persons Served (Rule 45(a)(1)(C)): Every Utah subpoena must include or be accompanied by the court-approved form 'Notice to Persons Served with a Subpoena,' which advises the recipient of their rights and obligations under Rule 45(e), along with a blank 'Objection to Subpoena' form.
3. Reasonable Time for Compliance (Rule 45(e)(3)): A subpoena must allow the recipient a reasonable time to comply. Under Rule 45(e)(5), the witness has 14 days after service (or before the time specified for compliance if less than 14 days) to serve a written objection.
Geographic Limits on Subpoena Compliance in Utah (Rule 45(c))
Under URCP Rule 45(c), a resident of the State of Utah may be required by subpoena to attend a deposition or produce documents only in the county where the person resides, is employed, or transacts business in person—or at such other reasonable place as ordered by the court. A non-resident of Utah served within the state may be required to attend in the Utah county where they are served, or within 40 miles from the place of service.