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Utah Process Server Licensing Requirements: Utah Rules of Civil Procedure Please note that lobbyists are active in the state of Utah and laws concerning civil procedure and process serving can change.
Therefore the information listed below may have been amended.
Process a Signing of summons. Separate summonses may be signed and served. In an action commenced under Rule 3 a 1the summons together with a copy of the complaint shall be served no later than days after the filing of the complaint unless the court allows a longer period of time writing service utah good cause shown.
In any action brought against two or more defendants on which service has been obtained upon one of them within the 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.
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 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 2the 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. Personal service shall be made as follows: Upon any corporation, not herein otherwise provided for, upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy thereof 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 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.
Upon an incorporated city or town, by delivering a copy thereof to the recorder. Upon a county, by delivering a copy to the county clerk of such county. Upon a school district or board of education, by delivering a copy to the superintendent or business administrator of the board.
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Upon an irrigation or drainage district, by delivering a copy to the president or secretary of its board. Upon the state of Utah, in such cases as by law are authorized to be brought against the state, by delivering a copy to the attorney general and any other person or agency required by statute to be served.
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 to any member of its governing board, or to its executive employee or secretary.
Service in a foreign country shall be made as follows: In the manner prescribed by the law of the foreign country for service in an action in any of its courts of general jurisdiction. 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 as ordered by the court.
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 subpart 3 of this subdivision, proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court.
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, by mail, 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.
If the motion is granted, the court shall order service of process by publication, by mail from the clerk of the court, by other means, or by some combination of the above, 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.
In a case commenced under Rule 3 a 1the party serving the process shall file proof of service with the court promptly, and in any event within the time during which the person served must respond to the process, and proof of service must be made within ten days after such service.
Failure to file proof of service does not affect the validity of the service.
In all cases commenced under Rule 3 a 1 or Rule 3 a 2the proof of service shall be made as follows: If served by a sheriff, constable, United States Marshal, or the deputy of any of them, by certificate with a statement as to the date, place, and manner of service.
If served by United States mail, by the affidavit of the clerk of the court showing a deposit of a copy of the summons and complaint in the United States mail, as may be ordered by the court, together with any proof of receipt.
By the written admission or waiver of service by the person to be served, duly acknowledged, or otherwise proved. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.Use the professional resume writing service utah right resume keywords and phrases to land the get college papers job interview From the copywriter professional resume writing service utah working on Madison Avenue in New York to the self-employed screenwriter trying to find a break in Hollywood, writing is an extensive and diverse professional.
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