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.