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Policies

Subpoena

Procedure

This procedure outlines the required steps for BYU–Hawaii employees to follow upon receipt of a subpoena or other legal process related to university operations. It is intended to ensure legal compliance, appropriate consultation with the Office of the General Counsel, and consistent handling of legal matters in a manner that protects the interests of the university. The procedure applies to all BYU–Hawaii employees, including faculty, staff, and student employees, when legal documents are received in the course of their university duties.

1. Immediate Notification

If you receive a subpoena that names, you personally in your capacity as a BYU–Hawaii employee, or if the subpoena relates to university business, you must immediately notify the Office of the General Counsel (OGC).

If you are not an officer of the university, you must forward all documents received to the OGC without signing anything.

2. Service of Subpoenas

Only an officer of BYU–Hawaii may accept or sign for service of a subpoena on behalf of the university. A subpoena is not considered validly served on the university unless it is accepted by a university officer.

If a process server attempts to serve you with legal documents addressed to the university, you should politely decline service and direct the process server to a university officer.

BYU–Hawaii officers include:

  • University president
  • Vice presidents
  • University General Counsel

Subpoenas may be sent by certified mail with return receipt to:
Brigham Young University–Hawaii
Office of General Counsel
MCDB 109
South Campus Drive,
Provo, Utah 84602

3. Review by University Counsel

Upon receipt, the OGC will review the subpoena and determine whether it was lawfully issued. University counsel will provide guidance regarding the appropriate response.

If the subpoena requests documents or information, the OGC will determine what, if any, documents the university is legally required to disclose.

4. Preservation of Documents

If a subpoena requests documents, you must ensure that all potentially responsive documents, records, or electronically stored information are preserved and maintained for possible production. Do not alter, destroy, or delete any relevant materials.

5. Prohibition on Unauthorized Response

Under no circumstances should you respond to a subpoena, provide testimony, or release documents or information to a third party without first consulting with and receiving direction from the OGC.

6. Non–University Matters

If you are served with a subpoena that concerns a matter unrelated to university business and does not involve you in your capacity as a BYU–Hawaii employee, you should seek advice from a private attorney.