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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. Harmony Law can aggressively defend against the subpoena. 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. Mr. Hutchins started his legal career in Cheyenne, Wyoming as a law clerk for the district court judges. Mr. Hutchins then entered private practice with a Wyoming based litigation and business law firm. Later, Mr. Hutchins went to Alaska, where he was the chief litigator for a firm that engaged in bond law, corporate law, securities law, and municipal law. The State of Wyoming hired Mr. Hutchins from Alaska to represent the State of Wyoming in the national tobacco arbitration and act as its tobacco settlement attorney. While in that position, as a hobby, he developed an enforcement unit for consumer protection for Wyoming residents. Mr. Hutchins moved to Colorado in 2016 and founded Harmony Law, LLC. Harmony Law is primarily engaged in civil litigation. It is also a general practice firm in the areas of business law, estate planning, consumer law and family law. Harmony Law is active in all state and federal courts throughout Wyoming and Colorado.

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Harmony Law engages in litigation in Wyoming and Colorado. If you have a serious dispute or have been sued, feel free to call 970-488-1857 and speak with Mr. Hutchins.

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