Under § 78B-17-201, the Uniform Interstate Depositions and Discovery Act, the foreign subpoena is submitted to a District Court serving the county where discovery is sought; its clerk issues a local one. The Act requires no Utah attorney. Served 123 LLC handles the filing and service, one quote.
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Every Utah Order Includes
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Every Utah County
Served 123 LLC handles subpoena domestications in all 29 Utah counties. The county finder names the District Court for the district where discovery is sought, and the directory lists each address. Search it by town, city or ZIP code to find the right District Court clerk’s office for that county.
Documents Subpoena
A subpoena may ask only for copies mailed or delivered by a date certain, Rule 45(a)(1)(C), and the issuing side pays the reasonable cost of producing or copying, Rule 45(d). Your written quote confirms the path, the papers, the key dates and each step we handle for you, before you pay.
Utah Subpoena Domestication Order
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
The table gives each point of the clerk route with its statute or rule, and the steps below show the order of the work, from the papers you send to the signed proof.
| Point | Utah | Statute or Rule |
|---|---|---|
| Law | The Utah Uniform Interstate Depositions and Discovery Act, enacted by Chapter 278 of the 2008 General Session | §§ 78B-17-101 to 78B-17-302 |
| Reciprocity | Open to cases from states that enacted the uniform act or provisions substantially similar | § 78B-17-103(3) |
| Venue | A District Court in the judicial district where discovery is sought; Utah has eight districts | § 78B-17-201(1)(a) |
| Who Issues | The clerk of court, promptly, in accordance with that court’s procedure | § 78B-17-201(2) |
| Local Attorney | Not required by the Act; the request is not an appearance | § 78B-17-201(1)(b) |
| What Goes In | The application with the foreign subpoena and the counsel list; the Utah subpoena carries the foreign terms | § 78B-17-201(3) |
| Fee | The clerk’s filing fee is included in your written quote | Utah Courts, Subpoenas |
| Service | A non-party 18 or older, by a method in Rule 4(d) | § 78B-17-202; Rule 45(b)(1) |
| Witness Fee | Fees for one day’s attendance and mileage, tendered when appearance is commanded | Rule 45(b)(2) |
| Proof | Filed proof stating date, place and manner; by affidavit or unsworn declaration for a private server | Rule 4(e)(1) |
| Objections | In writing before the compliance date; records allow at least 14 days after service | Rule 45(e)(2), (e)(4) |
| Motions | The court in the judicial district where discovery is conducted | § 78B-17-204 |
Your subpoena comes to us with all of its attachments, the witness, your dates and the counsel list, and your written quote confirms the steps before you pay.
We prepare the application and the Utah subpoena with the foreign terms and every counsel’s name, address and phone.
The clerk in the judicial district where discovery is sought issues the Utah subpoena under that court’s procedure.
Your side serves each party with a records subpoena before the witness, or written notice of a deposition.
Our server delivers the papers by a Rule 4(d) method, with any tender advanced when appearance is commanded.
The server’s proof of service, stating the date, place and manner, comes back to you signed.
Under Rule 30(b)(6)(A), when a company or agency is named as the witness, “Within 14 days of being served with a notice or subpoena, the noticed organization may serve a written objection.” Under Rule 6(a), the day of service is left out, every day counts, and a last day on a Saturday, Sunday or legal holiday runs to the next day that is none of those.
Before the deposition, the two sides confer in good faith about any objections, or they are waived, Rule 30(b)(6)(B).
A planning aid, not legal advice. It does not add the 7 days Rule 6(c) gives after service exclusively by mail, or see a day the Governor or Legislature names later, a day the clerk’s office closes, or a court order setting another time. Rule 6(a) names the third Monday of June for Juneteenth, so check any June date. If a date is close, ask counsel.
Utah enacted the Uniform Interstate Depositions and Discovery Act by statute in 2008, as chapter 78B-17. The quotations below are § 78B-17-201: where the request goes, who issues and what the Utah subpoena must carry.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a court in the judicial district in which discovery is sought to be conducted in Utah. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this state.
Served 123 LLC prepares the Utah application and subpoena and handles the filing.
Get a Free Quote Online →When a party submits a foreign subpoena to a clerk of court in Utah, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.
A subpoena under Subsection (2) must: (a) incorporate the terms used in the foreign subpoena; and (b) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Official texts: Utah Code § 78B-17-101, § 78B-17-102, § 78B-17-103, § 78B-17-201, § 78B-17-202, § 78B-17-203, § 78B-17-204 and § 78B-17-302; § 78B-1-119, § 78B-1-137 and § 63G-1-301; Utah R. Civ. P. 4, Rule 5, Rule 6, Rule 30 and Rule 45; Utah R. Evid. 506; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →These cards set out who may serve, how, a refusal, a company witness, what the witness is owed, the proof, the notice owed to the other side, where the witness appears, the deposition officer and where a motion goes. For a summons or other court papers, see process service in Utah.
Section 78B-17-202 reads: “A subpoena issued by a clerk of court under Section 78B-17-201 must be served in compliance with Rule 4 and Rule 5, Utah Rules of Civil Procedure.”
§ 78B-17-202Rule 4(d)(1) reads: “If the person to be served refuses to accept a copy of the summons and complaint, service is sufficient if the person serving them states the name of the process and offers to deliver them.”
Utah R. Civ. P. 4(d)(1)The subpoena form reads: “Serve all of these documents by one of the methods described in Utah Rule of Civil Procedure 4(d).” For an individual, Rule 4(d)(1)(A) means “delivering a copy of the summons and complaint to the individual personally, or by leaving them at the individual's dwelling house or usual place of abode with a person of suitable age and discretion who resides there”.
Court form; Utah R. Civ. P. 4(d)(1)(A)Rule 45(b)(2) reads: “If the subpoena commands a person’s appearance, the party or attorney responsible for issuing the subpoena must tender with the subpoena the fees for one day’s attendance and the mileage allowed by law.” It adds: “When the subpoena is issued on behalf of the United States, or this state, or any officer or agency of either, fees and mileage need not be tendered.”
Utah R. Civ. P. 45(b)(2)For a business, Rule 4(d)(1)(E) reaches “a corporation not otherwise provided for in this rule, a limited liability company, a partnership, or an unincorporated association subject to suit under a common name”, served “by delivering a copy of the summons and complaint to an officer, a managing or general agent, or other agent authorized by appointment or law to receive process”.
Utah R. Civ. P. 4(d)(1)(E)For a records or inspection command, Rule 45(b)(3) says “the party or attorney responsible for issuing the subpoena must serve each party with the subpoena by delivery or other method of actual notice before serving the subpoena.” For a deposition, Rule 30(b)(1) reads: “The party deposing a witness must give reasonable notice in writing to every other party.”
Utah R. Civ. P. 45(b)(3); 30(b)(1)Rule 4(e)(1) reads: “The person effecting service must file proof of service stating the date, place, and manner of service”. When the server is not “an attorney, sheriff, constable, United States Marshal, or by the sheriff’s, constable’s or marshal's deputy, the proof of service must be by affidavit or unsworn declaration”. Rule 4(e) adds: “Failure to file proof of service does not affect the validity of the service.”
Utah R. Civ. P. 4(e)Rule 30(b)(3) reads: “A deposition must be conducted before an officer appointed or designated under Rule 28”. Under Rule 30(b)(5), “A deposition taken by remote electronic means is considered to be taken at the place where the witness is located.” Rule 30(d) sets the limit: “During standard discovery, oral questioning of a nonparty must not exceed four hours, and oral questioning of a party must not exceed seven hours.”
Utah R. Civ. P. 30(b)(3), (b)(5), (d)Section 78B-1-119 reads: “Every juror and witness legally required or in good faith requested to attend a trial court of record or not of record or a grand jury is entitled to: (a) $18.50 for the first day of attendance and $49 per day for each subsequent day of attendance;”.
§ 78B-1-119(1)(a)Section 78B-17-204 reads: “An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 78B-17-201 must comply with the rules or statutes of Utah and be submitted to the court in the judicial district in which discovery is to be conducted.”
§ 78B-17-204The same section allows, “if traveling more than 50 miles, $1 for each four miles in excess of 50 miles actually and necessarily traveled in going only, regardless of county lines.” For travel from out of state it reads: “A witness attending from outside the state in a civil case is allowed mileage at the rate of 25 cents per mile and is taxed for the distance actually and necessarily traveled inside the state in going only.”
§ 78B-1-119A Utah resident may be required to appear “at a deposition, or to produce documents, electronically stored information, or tangible things, or to permit inspection of premises only in the county in which the person resides, is employed, or transacts business in person, or at such other place as the court may order.” A nonresident served in Utah: “only in the county in which the person is served or at such other place as the court may order.”
Utah R. Civ. P. 45(c)(1)(B), (c)(2)(B)Served 123 LLC handles the service, any tender the witness is owed and the signed proof of service.
Get a Free Quote Online →These cards cover a request for records alone, the 14-day minimum, objections and an organization’s 14 days, how records are produced, the keeper’s declaration and copying cost, the physician-patient privilege and the federal privacy rule.
Rule 45(a)(1)(C) lets a subpoena command a person “to copy documents or electronically stored information in the possession, custody, or control of that person and mail or deliver the copies to the party or attorney responsible for issuing the subpoena before a date certain”, as an option beside a command “to appear and produce for inspection, copying, testing, or sampling”.
Utah R. Civ. P. 45(a)(1)(C)(ii), (iii)When a company or agency is named under Rule 30(b)(6), Rule 30(b)(6)(A) reads: “Within 14 days of being served with a notice or subpoena, the noticed organization may serve a written objection.” Rule 30(b)(6)(B) adds: “Prior to the deposition, the serving party and the organization must confer in good faith about the matters for examination regarding any objections, or those objections are waived.”
Utah R. Civ. P. 30(b)(6)(A), (B)Rule 45(e)(2) sends a records subpoena through Rule 34, with one rule of its own: it “must comply with Rule 34(a) and (b)(1), except that the person subject to the subpoena must be allowed at least 14 days after service to comply.” Rule 45(e)(1) sets the duty behind it: “The party or attorney responsible for issuing a subpoena must take reasonable steps to avoid imposing an undue burden or expense on the person subject to the subpoena.”
Utah R. Civ. P. 45(e)(1), (2)Under Rule 45(f)(1), the responding person “must serve on the party or attorney responsible for issuing the subpoena a declaration under penalty of law” stating “that the documents, electronically stored information, or tangible things copied or produced are a full and complete response to the subpoena;” and “the reasonable cost of copying or producing the documents, electronically stored information or tangible things.”
Utah R. Civ. P. 45(f)(1)Under Utah Rule of Evidence 506, “A patient has a privilege, during the patient's life, to refuse to disclose and to prevent any other person from disclosing information that is communicated in confidence to a physician or mental health therapist for the purpose of diagnosing or treating the patient.”
Utah R. Evid. 506Rule 45(e)(4)(A) reads: “If the person subject to the subpoena or a non-party affected by the subpoena objects, the objection must be in writing and made before the date for compliance.” Rule 45(e)(4)(B) adds: “The objection must be stated in a concise, non-conclusory manner.”
Utah R. Civ. P. 45(e)(4)(A), (B)Under Rule 45(e)(3), the person subject to the subpoena may object if it “fails to allow reasonable time for compliance;”, if it “requires the person to disclose privileged or other protected matter and no exception or waiver applies;” or if it “subjects the person to an undue burden or cost;”.
Utah R. Civ. P. 45(e)(3)(A), (D), (F)A records request does not shift the expense onto the person holding the files. Rule 45(d) reads: “The party or attorney responsible for issuing the subpoena must pay the reasonable cost of producing or copying documents, electronically stored information, or tangible things.”
Utah R. Civ. P. 45(d)Rule 45(e)(5)(A) reads: “If an objection is made under this rule, or if a party requests a protective order, the party issuing the subpoena is not entitled to compliance on any topic for which an objection has been made but may request an order to compel compliance”. Under Rule 45(e)(5)(D), “The court may quash or modify the subpoena.”
Utah R. Civ. P. 45(e)(5)(A), (D)The keeper picks one of two layouts, and Rule 45(f)(2) names both: “A person commanded to copy and mail or deliver documents or electronically stored information or to produce documents, electronically stored information, or tangible things must copy or produce them as they are kept in the usual course of business, or must organize and label them to correspond with the categories in the subpoena.”
Utah R. Civ. P. 45(f)(2)With a court order, a covered entity may disclose if it “discloses only the protected health information expressly authorized by such order”. Without one, it covers disclosure “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal”. Its notice assurance begins: “The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address);”
45 C.F.R. § 164.512(e)(1)(i)-(iii)The assurance goes on: “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and” “The time for the individual to raise objections to the court or administrative tribunal has elapsed, and:” “No objections were filed; or” “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.”
45 C.F.R. § 164.512(e)(1)(iii)For a records request, we prepare the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →Each of these points comes from a Utah statute, rule or court form. Most come from the venue, the subpoena’s contents or the service rules.
Before service, we compare the papers we prepare with the statutes and raise anything that needs your input.
Type a town, city or ZIP code to find the county, and the finder names that county’s District Court.
The Utah State Court Directory lists each District Court location by county.
A witness may sit just over the line, so the route changes with the state. Each “No” rests on that state’s own rule text; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Utah | Utah Code §§ 78B-17-101 to 78B-17-302 (2008 ch. 278) | Check | District Court clerk, judicial district of discovery |
| Idaho | I.R.C.P. 45(j), a court rule effective July 1, 2009 (current text July 1, 2016) | No | Clerk of court, discovery county |
| Wyoming | W.R.C.P. 28(c) (2017, amended 2021) | Check | Clerk of the district court, discovery county |
| Colorado | C.R.S. §§ 13-90.5-101 to 13-90.5-107 (L. 2008) | No | Clerk of the district court, discovery county |
| Arizona | Ariz. R. Civ. P. 45.1 (Order R-12-0022, 2013) | No | Clerk of the superior court, discovery county |
| Nevada | NRS 53.100 to 53.200 (2011) | Check | Clerk of court, discovery county |
| New Mexico | NMRA Rule 1-045.1 (Order 09-8300-018, 2009) | No | Clerk of the district court, discovery county |
Each answer cites a Utah statute or rule. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
A District Court in the judicial district where discovery will happen, not where the lawsuit sits. The Act, at § 78B-17-201(1)(a), sends the foreign subpoena there, and the court’s application form has the applicant state that discovery will be conducted in that district. Utah’s 29 counties fall into eight districts; pick a county on the map to see its District Court.
No. Asking the clerk for the subpoena does not make the lawyer appear in a Utah court, § 78B-17-201(1)(b). Section 78B-17-103(2) keeps the rules on unauthorized practice and limited appearance in force for a lawyer from another state, so a later motion is a separate question. See the attorney card.
Then the Act is closed to the case: § 78B-17-103(3) admits only parties from a state with the uniform act or one substantially similar, and the court’s application form asks the applicant to confirm which. Rule 30(h) is a separate route for a deposition in a case from another state, with notice filed in the witness’s county. See the statute cards.
Two court forms: the Application for Subpoena, with the foreign subpoena and the counsel list attached, and the Utah subpoena form, whose paragraph 5 takes in the foreign terms. Under § 78B-17-201(3), the Utah subpoena must carry those terms and the names, addresses and phone numbers of all counsel. See the form cards.
Not on a foreign subpoena. Section 78B-17-201(2) has the clerk issue it, and the court’s subpoena form says that when paragraph 5 is checked, carrying the foreign terms, only the court clerk may sign. The courts’ subpoena page says the same: only the clerk issues a Utah subpoena based on a foreign one, despite the general Rule 45 practice. See the form card.
Any adult with no part in the lawsuit; Rule 45(b)(1) sets that test. Section 78B-17-202 makes Rules 4 and 5 govern service, and the court’s subpoena form directs delivery by a Rule 4(d) method: to the witness personally, or at the witness’s home with a resident of suitable age and discretion. See the service cards.
Service can still be complete. Under Rule 4(d)(1), when the person refuses to accept a copy, service is sufficient if the server states the name of the process and offers to deliver it. Rule 4(e)(1) still calls for a filed proof afterward; the next answers cover what it states. See the refusal card.
Hand the papers to a person who speaks for the company: an officer, a managing or general agent, or an agent appointed to accept process, Rule 4(d)(1)(E). For testimony, the company then names who answers for it under Rule 30(b)(6), and the subpoena has to say so. The company card sets out the full rule text.
A filed proof stating the date, place and manner of service, under Rule 4(e)(1). Because our servers are private, theirs is signed as a declaration or affidavit. Under the same rule, failure to file the proof does not affect whether service was valid. See the proof card.
Yes, for records or an inspection. The other parties see it first, by delivery or another form of actual notice, under Rule 45(b)(3). A deposition needs reasonable written notice to every other party under Rule 30(b)(1), stating the date, time and place. The notice card quotes both.
When the subpoena commands an appearance, Rule 45(b)(2) sends a day’s attendance fee and the legal mileage with it, while a command only to copy and mail or deliver the records carries no tender. Section 78B-1-119 sets amounts for a witness at a trial court or grand jury, quoted on the witness fee card.
A Utah resident: in the county where the person resides, is employed or transacts business in person, under Rule 45(c)(1)(B). A nonresident served in Utah: in the county of service, under Rule 45(c)(2)(B). Either way, the court may order another place, and a remote deposition counts as taken where the witness is, Rule 30(b)(5). See the place card.
In writing and before the date for compliance, under Rule 45(e)(4)(A), stated in a concise, non-conclusory manner. So the compliance date printed on the subpoena is the deadline to watch. Once an objection is made, the issuing side is not entitled to compliance on that topic and may ask for an order to compel, Rule 45(e)(5)(A). See the objection cards.
Two weeks from service of the notice or subpoena, for an objection in writing. The deadline calculator counts Day 14 from the service date you enter. Skipping the good-faith talk before the deposition costs the objection; the organization card has both parts of Rule 30(b)(6).
A District Court in Utah, the one for the district where the witness is giving discovery, § 78B-17-204. Because § 78B-17-203 brings in Rules 26 through 37 and 45, a request to quash or modify proceeds under Rule 45(e)(5)(D) like any Utah motion. See the motions card.
Only as a patient’s privilege: it covers confidential communications with a physician or mental health therapist made for diagnosis or treatment. Section 78B-1-137(4) treats the privilege as waived when the patient puts the medical condition at issue in the claim or defense. Federal 45 C.F.R. § 164.512(e) adds its own steps; see the privilege cards.
Inside the written quote, which comes before any payment and also covers preparing the papers and any service you order. Under § 78B-17-201(2), issuance follows the procedure of the District Court in the judicial district of discovery, so the charge is figured for that court. The route shows where the clerk step falls among the others.
The statute sets none. The words direct the clerk to act promptly under that court’s own procedure, with no count of days. What speeds the step is a complete submission: the out-of-state subpoena with every attachment, the witness, all counsel and unrepresented parties, and the dates you are working toward. Each stage is laid out in the route.
Two weeks from service is the floor, Rule 45(e)(2). A subpoena that does not allow reasonable time for compliance can draw an objection under Rule 45(e)(3)(A). For testimony, Rule 30(d) caps oral questioning of a nonparty at four hours in standard discovery. See the records cards.
The lawyer or party behind the subpoena, Rule 45(d). The keeper supplies the figure: its declaration under Rule 45(f)(1) lists the copying charge, as the declaration card shows. The cost card has the rule text, so you can match the figure to what the rule allows.
Yes. Before you pay, one written quote names the work: drafting the application and the Utah subpoena with the counsel list, the District Court clerk’s issuance under § 78B-17-201 and, when you order it, delivery under Rule 4(d). When attendance is commanded, we advance the Rule 45(b)(2) tender. The route shows each step; start online with the county of discovery.
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
