78B-6-807. Allegations permitted in complaint — Time for appearance — Service.
| (1) |
The plaintiff, in the plaintiff’s complaint:
Terms Used In Utah Code 78B-6-807- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Summons: Another word for subpoena used by the criminal justice system.
- Unlawful detainer: means the same as that term is defined in Section 78B-6-801. See Utah Code 78B-6-850
| (a) |
shall set forth the facts on which the plaintiff seeks to recover; |
| (b) |
may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry, or forcible or unlawful detainer; and |
| (c) |
may claim damages or compensation for the occupation of the premises, or both. |
|
| (2) |
If the unlawful detainer charged is after default in the payment of rent or other amounts due, the complaint shall state the amount of rent due or other amounts due. |
| (3) |
| (a) |
The summons shall include the number of days within which the defendant is required to appear and defend the action, which shall be three business days from the date of service, unless the defendant objects to the number of days, and the court determines that the facts of the case should allow more time. |
| (b) |
A claim for unlawful detainer brought by counterclaim shall be served to any opposing party in accordance with Utah Rules of Civil Procedure, and any response required shall be due within the timelines stated under Subsection (3)(a). |
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| (4) |
The court may authorize alternative service pursuant to the Utah Rules of Civil Procedure. |
Amended by Chapter 30, 2018 General Session
Amended by Chapter 291, 2018 General Session
