Superseded 7/1/2024)

78B-6-313.  Contempt of process of nonjudicial officer — Procedure.

(1)  If a person, officer, referee, arbitrator, board, or committee with the authority to compel the attendance of witnesses or the production of documents issues a subpoena and the person to whom the subpoena is issued refuses to appear or produce the documents ordered, the person shall be considered in contempt.

Terms Used In Utah Code 78B-6-313

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Subpoena: A command to a witness to appear and give testimony.
(2)  The person, officer, referee, arbitrator, board, or committee may report the person to whom the subpoena is issued to the judge of the district court. The court may then issue a warrant of attachment or order to show cause to compel the person’s appearance.

(3)  When a person charged has been brought up or has appeared, the person’s contempt may be purged in the same manner as other contempts mentioned in this part.

Enacted by Chapter 3, 2008 General Session

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