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Subpoenas and Records Requests

Subpoena Service

How do I serve a subpoena or other legal process on BYU?

BYU Office of General Counsel (OGC) processes subpoenas for Brigham Young University, Brigham Young University–Hawaii, Brigham Young University–Idaho, and Ensign College (CES Institutions.) Service is considered proper only if (1) sent via certified mail with return receipt requested to the address below (this is the preferred method), or (2) personally served on a corporate officer of the relevant institution. All subpoenas should be addressed to:

Brigham Young University

Office of General Counsel

MCDB 109

South Campus Drive,

Provo, Utah 84602

For in-person service via process server, please call 801-422-4722 to coordinate delivery.

Out-of-State Subpoenas

Subpoenas issued from a state other than Utah or the state where the CES Institution is located must comply with certain out-of-state requirements to domesticate the subpoena before service. For subpoenas from states that have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), the subpoena may be domesticated in Utah by filing an application for subpoena under the UIDDA with a Utah district court. For subpoenas from states that have not adopted the UIDDA, a new civil action must be filed in Utah district court before issuing and serving the subpoena. The table below summarizes the subpoena domestication requirements for subpoenas issued to one of the CES Institutions. For more information, see https://www.utcourts.gov/en/legal-help/legal-help/procedures/subpoena.html.

Subpoenaed InstitutionSubpoena Originating StateDomestication Requirement
Brigham Young UniversityUtahNo domestication required
UIDDA state outside UtahUIDDA domestication
States not adopting UIDDAFile new Utah civil action
Brigham Young University–HawaiiUtah or HawaiiNo domestication required
UIDDA states outside Utah or HawaiiUIDDA domestication
States not adopting UIDDAFile new Utah civil action
Brigham Young University–IdahoUtah or IdahoNo domestication required
UIDDA states outside Utah or IdahoUIDDA domestication
States not adopting UIDDAFile new Utah civil action
Ensign CollegeUtahNo domestication required
UIDDA state outside UtahUIDDA domestication
States not adopting UIDDAFile new Utah civil action

If You Are Served with a Subpoena

If you receive a subpoena, complaint, summons, or any other legal process related to your employment at BYU or any other university business, immediately notify the Office of General Counsel and forward all documents received without signing anything. Only a university officer may receive service of process on behalf of BYU. If a process server attempts to deliver legal documents addressed to the university or a BYU department, politely decline and direct them to the Office of General Counsel.

OGC Review and Response Process

Upon review of a subpoena, the Office of General Counsel will determine if the subpoena was lawfully issued and properly served and can provide advice regarding the appropriate response or objection. If the subpoena requests documents, the Office of General Counsel will determine what if any response is necessary and will work with the relevant campus departments to provide the response. In no event should you respond to a subpoena, release documents to the third party, or testify as a witness, without first consulting with the Office of General Counsel. If the subpoena asks for documents, you should ensure the requested documents are preserved and available for possible production.

Non-Subpoena Records Requests

If a campus department receives a non-subpoena request for student, employee, or other university records in connection with a legal proceeding, please reach out to the Office of General Counsel for guidance.