UTAH
RULES OF CIVIL PROCEDURE
In the state of Utah, a process server
license is not required. Pleadings may
be served by the sheriff or constable, the deputy of either, a United States Marshal
or the marshal's deputy, or by any other person 18 years of age or older at the
time of service, and not a party to the action or a party's attorney.
Table of Contents
Rule 4. Process.
Contents of summons.
Service by mail or commercial courier service.
Service in a foreign country.
Other service.
Proof of Service.
Waiver of Service; Payment of Costs for Refusing to
Waive.
Rule 4.
Process.
Signing of summons. The
summons shall be signed and issued by the plaintiff or the plaintiff's
attorney. Separate summonses may be signed and served.
Time of service. In an action
commenced under Rule 3(a)(1), the summons together with a copy of the complaint
shall be served no later than 120 days after the filing of the complaint unless
the court allows a longer period of time for good cause shown. If the summons
and complaint are not timely served, the action shall be dismissed, without
prejudice on application of any party or upon the court's own initiative. In
any action brought against two or more defendants on which service has been
obtained upon one of them within the 120 days or such longer period as may be
allowed by the court, the other or others may be served or appear at any time
prior to trial.
Contents
of summons.
The summons shall contain the
name of the court, the address of the court, the names of the parties to the
action, and the county in which it is brought. It shall be directed to the
defendant, state the name, address and telephone number of the plaintiff's
attorney, if any, and otherwise the plaintiff's address and telephone number.
It shall state the time within which the defendant is required to answer the
complaint in writing, and shall notify the defendant that in case of failure to
do so, judgment by default will be rendered against the defendant. It shall
state either that the complaint is on file with the court or that the complaint
will be filed with the court within ten days of service.
If the action is commenced
under Rule 3(a)(2), the summons shall state that the defendant need not answer
if the complaint is not filed within 10 days after service and shall state the
telephone number of the clerk of the court where the defendant may call at
least 13 days after service to determine if the complaint has been filed.
If service is made by
publication, the summons shall briefly state the subject matter and the sum of
money or other relief demanded, and that the complaint is on file with the
court.
Method of Service. Unless
waived in writing, service of the summons and complaint shall be by one of the
following methods:
Personal service. The summons
and complaint may be served in any state or judicial district of the United
States by the sheriff or constable or by the deputy of either, by a United
States Marshal or by the marshal's deputy, or by any other person 18 years of
age or older at the time of service and not a party to the action or a party's
attorney. If the person to be served refuses to accept a copy of the process,
service shall be sufficient if the person serving the same shall state the name
of the process and offer to deliver a copy thereof. Personal service shall be
made as follows:
1.
Upon any individual other than
one covered by subparagraphs (B), (C) or (D) below, by delivering a copy of the
summons and the complaint to the individual personally, or by leaving a copy at
the individual's dwelling house or usual place of abode with some person of
suitable age and discretion there residing, or by delivering a copy of the
summons and the complaint to an agent authorized by appointment or by law to
receive service of process;
2.
Upon an infant (being a person
under 14 years) by delivering a copy of the summons and the complaint to the
infant and also to the infant's father, mother or guardian or, if none can be found
within the state, then to any person having the care and control of the infant,
or with whom the infant resides, or in whose service the infant is employed;
3.
Upon an individual judicially
declared to be of unsound mind or incapable of conducting the persons own
affairs, by delivering a copy of the summons and the complaint to the person
and to the person's legal representative if one has been appointed and in the
absence of such representative, to the individual, if any, who has care,
custody or control of the person;
4.
Upon an individual
incarcerated or committed at a facility operated by the state or any of its
political subdivisions, by delivering a copy of the summons and the complaint
to the person who has the care, custody, or control of the individual to be
served, or to that person's designee or to the guardian or conservator of the
individual to be served if one has been appointed, who shall, in any case,
promptly deliver the process to the individual served;
5.
Upon any corporation not
herein otherwise provided for, upon a partnership or upon an unincorporated
association which is subject to suit under a common name, by delivering a copy
of the summons and the complaint to an officer, a managing or general agent, or
other agent authorized by appointment or by law to receive service of process
and, if the agent is one authorized by statute to receive service and the
statute so requires, by also mailing a copy of the summons and the complaint to
the defendant. If no such officer or agent can be found within the state, and
the defendant has, or advertises or holds itself out as having, an office or
place of business within the state or elsewhere, or does business within this
state or elsewhere, then upon the person in charge of such office or place of business;
6.
Upon an incorporated city or
town, by delivering a copy of the summons and the complaint to the recorder;
7.
Upon a county, by delivering a
copy of the summons and the complaint to the county clerk of such county;
8.
Upon a school district or
board of education, by delivering a copy of the summons and the complaint to
the superintendent or business administrator of the board;
9.
Upon an irrigation or drainage
district, by delivering a copy of the summons and the complaint to the
president or secretary of its board;
10.
Upon the state of Utah, in
such cases as by law are authorized to be brought against the state, by
delivering a copy of the summons and the complaint to the attorney general and
any other person or agency required by statute to be served; and
11.
Upon a department or agency of
the state of Utah, or upon any public board, commission or body, subject to
suit, by delivering a copy of the summons and the complaint to any member of
its governing board, or to its executive employee or secretary.
Service
by mail or commercial courier service.
1.
The summons and complaint may
be served upon an individual other than one covered by paragraphs (d)(1)(B) or
(d)(1)(C) by mail or commercial courier service in any state or judicial
district of the United States provided the defendant signs a document
indicating receipt.
2.
The summons and complaint may
be served upon an entity covered by paragraphs (d)(1)(E) through (d)(1)(I) by
mail or commercial courier service in any state or judicial district of the
United States provided defendants agent authorized by appointment or by law to
receive service of process signs a document indicating receipt.
3.
Service by mail or commercial
courier service shall be complete on the date the receipt is signed as provided
by this rule.
Service
in a foreign country.
Service in a foreign country
shall be made as follows:
1.
by any internationally agreed
means reasonably calculated to give notice, such as those means authorized by
the Hague Convention on the Service Abroad of Judicial and Extrajudicial
Documents;
2.
if there is no internationally
agreed means of service or the applicable international agreement allows other
means of service, provided that service is reasonably calculated to give
notice:
3.
in the manner prescribed by the
law of the foreign country for service in that country in an action in any of
its courts of general jurisdiction;
4.
as directed by the foreign
authority in response to a letter rogatory or letter of request; or
5.
unless prohibited by the law
of the foreign country, by delivery to the individual personally of a copy of
the summons and the complaint or by any form of mail requiring a signed
receipt, to be addressed and dispatched by the clerk of the court to the party
to be served; or
6.
by other means not prohibited
by international agreement as may be directed by the court.
Other
service.
1.
Where the identity or
whereabouts of the person to be served are unknown and cannot be ascertained
through reasonable diligence, where service upon all of the individual parties
is impracticable under the circumstances, or where there exists good cause to
believe that the person to be served is avoiding service of process, the party
seeking service of process may file a motion supported by affidavit requesting
an order allowing service by publication or by some other means. The supporting
affidavit shall set forth the efforts made to identify, locate or serve the
party to be served, or the circumstances which make it impracticable to serve
all of the individual parties.
2.
If the motion is granted, the
court shall order service of process by publication or by other means, provided
that the means of notice employed shall be reasonably calculated, under all the
circumstances, to apprise the interested parties of the pendency of the action
to the extent reasonably possible or practicable. The court's order shall also
specify the content of the process to be served and the event or events as of
which service shall be deemed complete. Unless service is by publication, a
copy of the court's order shall be served upon the defendant with the process
specified by the court.
3.
In any proceeding where
summons is required to be published, the court shall, upon the request of the
party applying for publication, designate the newspaper in which publication
shall be made. The newspaper selected shall be a newspaper of general
circulation in the county where such publication is required to be made and
shall be published in the English language.
Proof of
Service.
1.
If service is not waived, the
person effecting service shall file proof with the court. The proof of service
must state the date, place, and manner of service. Proof of service made
pursuant to paragraph (d)(2) shall include a receipt signed by the defendant or
defendants agent authorized by appointment or by law to receive service of
process. If service is made by a person other than by an attorney, the sheriff
or constable, or by the deputy of either, by a United States Marshal or by the
marshal's deputy, the proof of service shall be made by affidavit.
2.
Proof of service in a foreign
country shall be made as prescribed in these rules for service within this
state, or by the law of the foreign country, or by order of the court. When
service is made pursuant to paragraph (d)(3)(C), proof of service shall include
a receipt signed by the addressee or other evidence of delivery to the
addressee satisfactory to the court.
3.
Failure to make proof of
service does not affect the validity of the service. The court may allow proof
of service to be amended.
Waiver
of Service; Payment of Costs for Refusing to Waive.
1.
A plaintiff may request a
defendant subject to service under paragraph (d) to waive service of a summons.
The request shall be mailed or delivered to the person upon whom service is
authorized under paragraph (d). It shall include a copy of the complaint, shall
allow the defendant at least 20 days from the date on which the request is sent
to return the waiver, or 30 days if addressed to a defendant outside of the
United States, and shall be substantially in the form of the Notice of Lawsuit
and Request for Waiver of Service of Summons set forth in the Appendix of Forms
attached to these rules.
2.
A defendant who timely returns
a waiver is not required to respond to the complaint until 45 days after the
date on which the request for waiver of service was mailed or delivered to the
defendant, or 60 days after that date if addressed to a defendant outside of
the United States.
3.
A defendant who waives service
of a summons does not thereby waive any objection to venue or to the
jurisdiction of the court over the defendant.
4.
If a defendant refuses a
request for waiver of service submitted in accordance with this rule, the court
shall impose upon the defendant the costs subsequently incurred in effecting
service.
In Utah, lobbyists and state officials are always
active in transforming laws concerning civil procedure. As a result, state information offered on
our website may have been amended recently.
For contemporary process serving and civil statutes, visit the official
Utah Judicial System Court website: http://www.utcourts.gov/
