Utah State Process Service
$179 Routine - $229 Rush
In Utah, the service of process is governed by the Utah Rules of Civil Procedure (URCP). Below are key aspects regarding the service of process in Utah:
1. Methods of Service (URCP 4)
Service of process can be done through the following methods:
- Personal Service (URCP 4(d)): The summons and complaint must be delivered directly to the defendant in person.
- Substituted Service (URCP 4(d)(2)): If the defendant is not available for personal service, the documents can be left with someone of suitable age and discretion at the defendant's dwelling or usual place of abode.
- Service by Mail (URCP 4(e)): The summons and complaint can be sent by certified mail with a return receipt requested. If the defendant signs the receipt, service is considered complete.
- Service by Publication (URCP 4(d)(3)): If the defendant cannot be located after reasonable efforts, service can be made by publishing the summons in a newspaper of general circulation in the county where the defendant is believed to reside.
- Service on an Agent (URCP 4(d)(4)): Service can be made on a person designated as the defendant’s agent for service of process (e.g., a registered agent for a business entity).
2. Timing of Service
The complaint and summons must be served within 120 days after the filing of the complaint (URCP 4(i)).
3. Service on Corporations and Partnerships
- Corporations (URCP 4(d)(4)): Service must be made on an officer, director, or registered agent of the corporation.
- Partnerships: Service can be made on a general partner or on a person who is authorized to receive process on behalf of the partnership.
4. Waiver of Service
- A defendant may waive the formal service of process (URCP 4(l)). This must be done in writing, and the defendant’s signature must be acknowledged by a notary or other authorized official. If a defendant waives service, they may avoid some costs and procedural delays.
5. Proof of Service
- After service is completed, proof of service must be filed with the court (URCP 4(f)). This can be done through a return of service by the process server, which details the method and date of service.
6. Service on Government Entities
- Service on a government entity (such as a state agency or local government) follows specific procedures outlined in URCP 4(e)(2), including the need for serving the appropriate government official or office.
7. Failure to Serve
- If the defendant is not served within the prescribed 120 days, the court may dismiss the case unless the party can show good cause for the delay (URCP 4(i)).
8. Alternative Service Methods
If none of the standard methods are effective, a party can seek permission from the court to use an alternative form of service (e.g., email or other electronic methods), especially if there is proof that the defendant is evading service.
9. Service in Small Claims Cases
In small claims cases, the service of process follows the same general rules but may have simplified procedures. Typically, personal service or service by mail is used.
10. Service on Individuals Outside Utah
If the defendant is outside Utah, service may be conducted through long-arm jurisdiction or using the procedures in the Interstate and International Service of Process Act.