Subpoenas and Records Requests

If you receive a subpoena that names you personally in your capacity as a BYU employee or if the subpoena relates to university business, immediately notify the Office of General Counsel (OGC) and forward all documents received without signing anything. Only an officer of BYU can sign for a subpoena for it to be considered validly served so, if a process server attempts to serve you with legal documents addressed to the university, you should politely decline and direct him or her to the OGC. If you are served with a subpoena that concerns a non-university matter, you should seek the advice of a private attorney.

Upon review of the subpoena, university counsel will determine if the subpoena was lawfully issued and can provide advice regarding the appropriate response. If the subpoena requests documents, university counsel will determine what, if any, documents the university is legally required to disclose. In no event should you respond to a subpoena or release of documents to a third party without first consulting with the OGC. If the subpoena asks for documents, you should ensure the requested documents are preserved and available for possible production.

Contact
Office of General Counsel
801-422-3089