| (1) |
In the case of contumacy by or refusal to obey a subpoena issued to any person, the attorney general or a deputy or assistant attorney general or the county attorney or district attorney or his deputy may compel compliance with the subpoena through the district court:
Terms Used In Utah Code 77-22a-3- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
| (a) |
in the jurisdiction where the investigation is carried on; |
| (b) |
where the subpoenaed person is an inhabitant; |
| (c) |
where he carries on business; or |
| (d) |
where he may be found. |
|
| (2) |
The court may issue an order requiring the person subpoenaed to produce records or to appear before the attorney general or deputy or assistant attorney general, or the county attorney or district attorney or his deputy who issued the subpoena testimony touching the matter under investigation. |
| (3) |
Any failure to obey the court order may be punished by the court as contempt. All process in the case may be served in any judicial district in which the person may be found within the state. |
| (4) |
A witness may not be held liable in any civil or criminal proceeding for producing records or disclosing information to the person issuing the administrative subpoena as commanded by the subpoena. |
Amended by Chapter 38, 1993 General Session
