78B-8-302. Process servers.
| (1) |
A complaint, a summons, or a subpoena may be served by a person who is:
Terms Used In Utah Code 78B-8-302- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
| (a) |
18 years old or older at the time of service; and |
| (b) |
not a party to the action or a party’s attorney. |
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| (2) |
Except as provided in Subsection (5), the following may serve all process issued by the courts of this state:
| (a) |
a peace officer employed by a political subdivision of the state acting within the scope and jurisdiction of the peace officer’s employment; |
| (b) |
a sheriff or appointed deputy sheriff employed by a county of the state; |
| (c) |
a constable, or the constable’s deputy, serving in compliance with applicable law; |
| (d) |
an investigator employed by the state and authorized by law to serve civil process; and |
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| (4) |
While serving process, a private investigator shall:
| (a) |
have on the investigator’s person a visible form of credentials and identification identifying:
| (i) |
the investigator’s name; |
| (ii) |
that the investigator is a licensed private investigator; and |
| (iii) |
the name and address of the agency employing the investigator or, if the investigator is self-employed, the address of the investigator’s place of business; |
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| (b) |
verbally communicate to the person being served that the investigator is acting as a process server; and |
| (c) |
print on the first page of each document served:
| (i) |
the investigator’s name and identification number as a private investigator; and |
| (ii) |
the address and phone number for the investigator’s place of business. |
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| (5) |
Any service under this section when the use of force is authorized on the face of the document, or when a breach of the peace is imminent or likely under the totality of the circumstances, may only be served by:
| (a) |
a law enforcement officer, as defined in Section 53-13-103; or |
| (b) |
a special function officer, as defined in Section 53-13-105, who is:
| (i) |
employed as an appointed deputy sheriff by a county of the state; or |
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| (6) |
The following may not serve process issued by a court:
| (a) |
a person convicted of a felony violation of an offense listed in Subsection 77-41-102(18); or |
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| (7) |
A person serving process shall:
| (a) |
legibly document the date and time of service on the front page of the document being served; |
| (b) |
legibly print the process server’s name, address, and telephone number on the return of service; |
| (d) |
if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the badge number of the process server on the return of service; and |
| (e) |
if the process server is a private investigator, legibly print the private investigator’s identification number on the return of service. |
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Amended by Chapter 49, 2023 General Session
Amended by Chapter 123, 2023 General Session
