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FAQs

  • How do you serve subpoenas for a deposition or for documents in another state when the case is pending here?

    Attorneys who are practicing before this court are empowered by Rule 45 of the Federal Rules of Civil Procedure to issue subpoenas for depositions or documents in any other federal court district.  The standard subpoena form should be used and will contain the Utah heading and case number.  The attorney will serve the necessary notices when issuing a subpoena.
    When the return of service is made, the attorney holds the return. It is not filed in the Utah file.
    If further proceedings, such as a notice of appeal, a motion to compel or motion to quash are filed, the attorney must open a miscellaneous case in the other district in order to litigate the validity of the subpoena.

  • Who issues subpoenas in a civil case?

    Attorneys may issue subpoenas in civil cases. The clerk may issue subpoenas for non attorney pro se litigants.

  • Who issues summons in a civil case?

    The court issues a summons in a civil case. For additional information about a summons, please visit the Initiating a New Civil Case webpage.

  • What is the procedure for filing disclosures?

    Disclosures under the recent amendments to the Rules of Civil Procedure, Rule 26(a), are treated as other discovery documents such as answers to interrogatories, requests for admissions, requests for production of documents, depositions or notices of taking depositions required by Fed R. Civ. P. 30(b)(1), and certificates of service for any of the discovery materials are NOT filed with the court. Please refer to DUCivR 26-1. Expert Witness Reports, however, are filed. Proposed Witness Lists and Exhibit Lists are also filed.

  • Do you accept emailed documents?

    Not to be filed in the case. However, copies of proposed orders should be emailed to the judge's chambers. Complaints should be be emailed as part of case opening.

  • Do you accept faxed documents?

    Documents produced via facsimile transmission are not deemed acceptable.

  • What is the procedure for filing a new complaint?

    An attorney who is registered to use the District of Utah’s CM/ECF system may electronically file civil or miscellaneous cases. Electronically filing a case, however, will take coordination with the Clerk’s Office. An unrepresented party may file a new civil case by emailing, mailing, or delivering the cover sheet and initiating documents to the Clerk’s Office. For additional information, please visit the Initiating a New Civil Case webpage.

  • What are the requirements for preparing paper pleadings?

    The original document requires an original signature (preferably in blue ink), it should not be stapled or contain tabs, and should be flat and unfolded.

  • How many certificates of service do I file, when filing in paper?

    File only the original of any certificate of service. A copy for the judge is not necessary.

  • How do I submit proposed orders?

    Attorneys should email proposed orders as directed by the ECF Procedures Manual. Persons representing themselves should submit one copy of a proposed order prepared for the judge's signature.

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