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Defending against a Wyoming Attorney General Subpoena

Posted by Clyde Hutchins | Sep 20, 2016 | 0 Comments

The Wyoming Attorney General has strong subpoena power. However, there are limits to the Attorney General's subpoena power. The consumer protection act provides grounds for resisting a subpoena.

The Wyoming Consumer Protection Act provides that a person served with a subpoena may petition "for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege which would be available under this act or upon service of a subpoena in a civil action." Since the Act references "civil actions" we look to Rule 45 of the Wyoming Rules of Civil Procedure, which governs subpoenas issued in civil actions. According to Rule 45(c)(3), a court shall quash or modify a subpoena if it:

  • fails to allow a reasonable time for compliance;
  • requires a non-party to travel outside their county;
  • requires disclosure of privileged or protected matter; or
  • subjects a person to undue burden.

Beyond the list of objections, a person served with a subpoena may also object on the grounds that the Attorney General lacks personal jurisdiction over the person served. For instance, a company in Florida, with no presence in Wyoming, and with and no connections to Wyoming, would be able to argue that the Wyoming Attorney General lacks personal jurisdiction over the company and thus the subpoena is ineffective against the company.

If you have been served with a subpoena issued by the Wyoming Attorney General's Office, and need assistance in responding or resisting the subpoena, please feel free to contact Harmony Law. For more information about responding to Attorney General subpoenas, please read here.

About the Author

Clyde Hutchins

Clyde Hutchins is the founder of Harmony Law. Prior to opening Harmony Law, Mr. Hutchins worked in the Wyoming Attorney General's Office for several years where he developed a strong consumer protection enforcement unit. In that position he led over 120 investigations and enforcement actions under the Consumer Protection Act. He worked on numerous joint cases with the Federal Trade Commission and other states, including Colorado, on consumer protection matters. Mr. Hutchins is also a contributing author to Consumer Protection Law Developments, Second Edition. Previous to his work in the Attorney General's Office, Mr. Hutchins was in private practice in Anchorage, Alaska where he was the chief litigator for a firm. Mr. Hutchins represented municipalities on various matters. Mr. Hutchins provided counsel to businesses and investment advisors regarding compliance with securities laws. He was also a bond lawyer and worked on municipal financing matters. Prior to that, Mr. Hutchins practiced civil litigation with a law firm in Cheyenne, Wyoming. Mr. Hutchins devotes his spare time to his family, traveling and enjoying the great outdoors.

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Harmony Law is one of the few law firms in Colorado and Wyoming that focuses on consumer law. Mr. Hutchins is a member of the National Association of Consumer Advocates and state chair for Wyoming. If you have a consumer law issue, please feel free to call 970-488-1857 and speak with Mr. Hutchins.

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