54-7-3 - Subpoena -- Witness fees -- Depositions. - Utah Statutes

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54-7-3. Subpoena -- Witness fees -- Depositions.
(1) (a) The commission and each commissioner may administer oaths, certify to allofficial acts, and issue subpoenas for the attendance of witnesses and the production of papers,waybills, books, accounts, documents, and other evidence in any inquiry, investigation, hearing,or proceeding in any part of the state.
(b) (i) Each witness who appears by order of the commission or a commissioner shallreceive the same fees and mileage for his attendance that are allowed by law to a witness in thedistrict court.
(ii) The party at whose request the witness is subpoenaed shall pay the witness andmileage fee.
(iii) When any witness who has not been required to attend at the request of any party issubpoenaed by the commission, his fees and mileage shall be paid from the funds appropriatedfor the use of the commission in the same manner as other expenses of the commission are paid.
(iv) Any witness subpoenaed, except one whose fees and mileage may be paid from thefunds of the commission, may at the time of service, demand the fee to which he is entitled fortravel to and from the place at which he is required to appear and one day's attendance.
(v) If the witness demands the fees at the time of service and they are not paid at thattime, he is not required to attend the hearing.
(vi) All fees or mileage to which any witness is entitled under the provisions of thissection may be collected by action instituted by the person to whom the fees are payable.
(vii) No witness furnished with free transportation receives mileage for the distance hemay have traveled.
(2) The commission or any commissioner or any party may in any investigation beforethe commission cause the depositions of witnesses residing within or without the state to be takenin the manner prescribed by law for depositions in civil actions in the district courts of this state,and may compel the attendance of witnesses and the production of books, waybills, documents,papers, and accounts.

Amended by Chapter 161, 1987 General Session

State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-07 > 54-7-3

54-7-3. Subpoena -- Witness fees -- Depositions.
(1) (a) The commission and each commissioner may administer oaths, certify to allofficial acts, and issue subpoenas for the attendance of witnesses and the production of papers,waybills, books, accounts, documents, and other evidence in any inquiry, investigation, hearing,or proceeding in any part of the state.
(b) (i) Each witness who appears by order of the commission or a commissioner shallreceive the same fees and mileage for his attendance that are allowed by law to a witness in thedistrict court.
(ii) The party at whose request the witness is subpoenaed shall pay the witness andmileage fee.
(iii) When any witness who has not been required to attend at the request of any party issubpoenaed by the commission, his fees and mileage shall be paid from the funds appropriatedfor the use of the commission in the same manner as other expenses of the commission are paid.
(iv) Any witness subpoenaed, except one whose fees and mileage may be paid from thefunds of the commission, may at the time of service, demand the fee to which he is entitled fortravel to and from the place at which he is required to appear and one day's attendance.
(v) If the witness demands the fees at the time of service and they are not paid at thattime, he is not required to attend the hearing.
(vi) All fees or mileage to which any witness is entitled under the provisions of thissection may be collected by action instituted by the person to whom the fees are payable.
(vii) No witness furnished with free transportation receives mileage for the distance hemay have traveled.
(2) The commission or any commissioner or any party may in any investigation beforethe commission cause the depositions of witnesses residing within or without the state to be takenin the manner prescribed by law for depositions in civil actions in the district courts of this state,and may compel the attendance of witnesses and the production of books, waybills, documents,papers, and accounts.

Amended by Chapter 161, 1987 General Session

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Statutes > Utah > Title-54 > Chapter-07 > 54-7-3

54-7-3. Subpoena -- Witness fees -- Depositions.
(1) (a) The commission and each commissioner may administer oaths, certify to allofficial acts, and issue subpoenas for the attendance of witnesses and the production of papers,waybills, books, accounts, documents, and other evidence in any inquiry, investigation, hearing,or proceeding in any part of the state.
(b) (i) Each witness who appears by order of the commission or a commissioner shallreceive the same fees and mileage for his attendance that are allowed by law to a witness in thedistrict court.
(ii) The party at whose request the witness is subpoenaed shall pay the witness andmileage fee.
(iii) When any witness who has not been required to attend at the request of any party issubpoenaed by the commission, his fees and mileage shall be paid from the funds appropriatedfor the use of the commission in the same manner as other expenses of the commission are paid.
(iv) Any witness subpoenaed, except one whose fees and mileage may be paid from thefunds of the commission, may at the time of service, demand the fee to which he is entitled fortravel to and from the place at which he is required to appear and one day's attendance.
(v) If the witness demands the fees at the time of service and they are not paid at thattime, he is not required to attend the hearing.
(vi) All fees or mileage to which any witness is entitled under the provisions of thissection may be collected by action instituted by the person to whom the fees are payable.
(vii) No witness furnished with free transportation receives mileage for the distance hemay have traveled.
(2) The commission or any commissioner or any party may in any investigation beforethe commission cause the depositions of witnesses residing within or without the state to be takenin the manner prescribed by law for depositions in civil actions in the district courts of this state,and may compel the attendance of witnesses and the production of books, waybills, documents,papers, and accounts.

Amended by Chapter 161, 1987 General Session