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CS 143 Use of Subpoena Duces Tecum

03/85 Revised 11/19/13 Training Completed 12/04/13

U.C.A. 62A-11-107, 62A-11-304.1, 63G-4-205; Utah Rules of Civil Procedure 4(e), 45(b);

 

 

Statutory Authority

 

A Subpoena Duces Tecum requires a person and/or organization to release information to the Office of Recovery Services/Child Support Services (ORS/CSS).  Failure to respond or release the information can result in legal action against the person or organization.

 

Pursuant to Utah Code Annotated (U.C.A.) 62A-11-304.1 (b), CSS is authorized to

“(b) subpoena financial or other information needed to establish, modify, or enforce a support order, including:
(i) the name, address, and employer of a person who owes or is owed support that appears on the customer records of public utilities and cable television companies; and
(ii) information held by financial institutions on such things as the assets and liabilities of a person who owes or is owed support;”

 

The ORS/CSS may issue a subpoena to obtain information about the location or earnings of a non-custodial parent (NCP) if the information cannot be obtained without a subpoena.

 

Only use a subpoena when other appropriate locate resources have been used unsuccessfully to locate the NCP.  Document the use of a subpoena for acquiring information from third parties in the case narratives.

 

 

Forms Overview

 

1.                   Subpoena Duces Tecum:  This legal document, authorized by a manager’s signature, requires a person and/or organization to release location and/or wage information to ORS/CSS.  Specify the information you are requesting and provide a response date in this document.  When appropriate, this document requires personal service (e.g. sent to a financial institution).

 

2.                   Affidavit for the Issuance of a Subpoena:  This document is a sub-form to the Subpoena Duces Tecum and is automatically generated as part of the subpoena packet.  It contains an oath that the CSS agent has reason to believe that the person/organization has the requested information, that the information is being requested for child support enforcement purposes and that the information received will only be used as provided by law.  This document must be signed by the agent in front of a Notary Public.

 

    

Procedures

 

1.                   Document unsuccessful attempts to obtain location or earnings information in the participant narratives.

 

2.                   Prepare the Subpoena Duces Tecum packet.  The Subpoena Duces Tecum packet should include:

a.                   The blank form being sent to the third party;

b.                  The Subpoena Duces Tecum.  The Subpoena Duces Tecum must be signed by the team manager;  and,

 

NOTE:  The subpoena requires the person and/or organization to appear before a CSS employee and provide the requested information.  If appropriate, set the date and time for the response far enough in the future to allow time for personal service.  You may give the person and/or organization the option of forwarding the requested information by mail or telephone instead of appearing in person.

c.                   The Affidavit for the Issuance of a Subpoena.  The Affidavit for the Issuance of a Subpoena must be signed by the agent and notarized.

 

3.                   Send the Subpoena Duces Tecum packet to third party by mail, fax, or personal service.

 

4.                   Document the use of the Subpoena Duces Tecum to acquire information in the participant narratives.  Include specific details about the information you are requesting.

 

5.                   Monitor for a response.

 

6.                   Document the information obtained as a result of the Subpoena Duces Tecum in the participant narratives.

 

7.                   Refer the case to the Attorney General’s Office (AGO) if the person and/or organization fail to appear or to make arrangements to provide the information.  The AGO will attempt legal action to compel the person and/or organization to release the requested information.  Legal action may also include license suspension, if appropriate. 

 

Pursuant to U.C.A. 62A-11-107(5),

“The office has the power to pursue through court action the withholding, suspension, and revocation of driver's licenses, professional and occupational licenses, and recreational licenses of individuals owing overdue support or failing, after receiving appropriate notice, to comply with subpoenas or orders relating to paternity or child support proceedings pursuant to Section 78B-6-315.”