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Subpoena

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Definition

A subpoena is a legal document requiring a person or entity to provide evidence or testimony in a case. Failure to comply can result in penalties.

Details

A Subpoena is a legal document issued by the court that commands an individual to appear in court or produce documents or evidence relevant to a case. In Utah, subpoenas are used to compel witnesses to testify or to require the production of records, documents, or other evidence that is necessary for the legal proceedings. There are two main types of subpoenas: a subpoena ad testificandum (for testimony) and a subpoena duces tecum (for documents).

The party requesting the subpoena must provide specific details about the information or testimony needed, and the subpoena must be properly served to the recipient. The recipient of the subpoena is legally obligated to comply with its terms, although they may file a motion to quash or modify the subpoena if they believe it is overly broad, burdensome, or otherwise improper. The court will review such motions and determine whether the subpoena should be enforced or modified.

Failure to comply with a subpoena can result in legal consequences, including contempt of court charges. Subpoenas are a key tool in the discovery process, helping to ensure that all relevant evidence and testimony are available for consideration during the legal proceedings.

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