This article will guidance on How To Serve legal papers in Utah. The summons and complaint may be served by the sheriff or constable or their deputy. Utah Process Service may also be done by a United States Marshal or their deputy or any other person eighteen years of age or older at the time of service, and not a party to the action or a party’s attorney.
HOW TO SERVE A SUMMONS IN UTAH
The summons should be signed and issued by the plaintiff or attorney to comply with Utah Process Service. Separate summonses may be signed and served. The summons, together with a copy of the complaint, shall be served no later than one hundred and twenty days after filing the complaint unless the court allows a longer period for a good cause. If the summons and complaints are not timely served, the action is dismissed without prejudice on any party’s application.
When a summons is issued, it must include information like the name of the court, the address of the court, and the names of all parties involved to fulfill Utah Process Service. The summons will say when the defendant must respond and tell them that if they do not comply, a default judgment will be entered against them.
The defendant must respond within that period. A complaint must be submitted to the court within ten days following Utah Process Service, or it must be filed within that time frame if it has not been filed yet. It should specify that the defendant is not required to respond if within ten days of serving the complaint has not been filed and that the defendant may contact to find out if the complaint has been filed at least thirteen days after Utah Process Service to find out whether a summons has been issued against them.
Service via publication requires the summons to mention the subject matter, briefly, the amount sought, as well as the fact that the complaint is on file. This is called a publication summons. Who served them and for what purpose is also relevant. Any person eighteen years of age or older, who is not a party to the action, or an attorney for a party, may serve a summons and complaint. They may be served by a sheriff, a constable, their deputy, a United States Marshal, or their deputy in their capacity to provide Utah Process Service.
HOW TO SERVE PROCESS IN A FOREIGN COUNTRY
Utah Process Service in a foreign country should be done in the manner prescribed by the law of the foreign country for Utah Process Service in action in any of its courts of general jurisdiction or upon an individual or a corporation by personal delivery. Personal delivery on a corporation can be done by delivering a copy of Utah Process Service to an officer or a managing general agent.
To the person, the documents must be served adequately via any method of mail requiring a signed receipt to be addressed and sent by the court’s clerk. Utah’s laws for serving a summons and complaint abroad, or a law of the foreign nation, require proof of service to be made as required. A receipt signed by the addressee or other proof of delivery to the addressee acceptable to the court shall be proof of service when Utah Process Service is made.
The party seeking Utah Process Service may file a motion supported by an affidavit requesting an order allowing publication, mail, or some other method of serving the person to be served if their identity or whereabouts cannot be determined with reasonable diligence, if serving all of the individual parties is impracticable under the circumstances, or if there is good cause to believe that the person to be served is avoiding Utah Process Service. If it’s impossible to serve all of the parties, the accompanying affidavit should detail the attempts used to find, locate and serve them.
Besides stating the substance of the Utah Process Service, the court order must also state when Utah Process Service is considered complete. The defendant will be served with a copy of the court order according to the Utah Process Service procedures set down by the court.
HOW TO FILE FOR PROOF OF SERVICE IN UTAH
The party serving the Utah Process Service should file proof of service with the court promptly and, in any event, within the time during which the person served must respond to the Utah Process Service. Proof of service must be made within ten days after Utah Process Service. Failure to file proof of service does not affect the validity of the Utah Process Service. Proof of service by a sheriff, constable, or United States Marshal is through a certificate with a statement as to the date, place, and manner of service. If served by any other person, proof of service is laid out via an affidavit with a statement as to the date, place, and manner of service, together with the affiant’s age at the time of service.
If served by publication, by an affidavit of the publisher or that person’s designated agent attesting to publication and clarifying the dates between the first and last publications, proof of service will also need an affidavit of the clerk of the court attesting to the deposit of a copy of the summons and complaint in the United States mail. However, if this proof of service is served by United States mail, it should be sufficient to provide an affidavit of the clerk showing a deposit of a copy of the summons and complaint in the United States mail as well as a proof of receipt.
HOW TO AMEND A SUMMONS IN UTAH
The court will allow amendment of process or proof of service unless it appears that material prejudice would result in the party’s substantial rights against whom the Utah Process Service issued.
If the person served declines to receive a copy of the Utah Process Service, service must be adequate if the person serving the process states the process’s name and offers to send a copy. On the said copy, the date of service must be endorsed. At the moment of service, the person performing the service should affix the date of service to the copy of the summons left behind for the person served, sign their name as well as their official title if they have one as an officer.
THE FORM AND ISSUANCE OF A SUBPOENA IN UTAH
Every subpoena must comply with Utah Process Service requirements. This means that to comply with the form of the subpoena, it must put forth [A.] the court in which the action is pending; [B.]the title of the action, the name of the court from which it is issued, the name and address of the party or attorney serving the subpoena, and its civil action number; [C.] each person to whom it is directed to appear to give testimony at trial, or a hearing, or at deposition, or to produce or to permit inspection and copying of documents or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified; and [D.] the text of Notice to Persons Served with a Subpoena, in substantially similar form to Form 30 in the Appendix of Forms.
An order to produce or to authorize inspection and copying of papers or physical items, or to permit examination of premises, may be given concurrently with a command to appear at trial, hearing, or deposition, or independently.
The clerk may subpoena a party seeking it, signed but otherwise blank, which the party requesting it will complete before papers are served. As an official of the court, an attorney allowed to practice in the court where the matter is proceeding may also issue and sign a subpoena.
WHO CAN SERVE A SUBPOENA IN UTAH
Anyone over eighteen who is not a party to the lawsuit may serve a subpoena as per Utah Process Service. One may compel someone to appear by paying them the costs for a single day’s attendance and the legal distance. Fees and mileage are not required when a subpoena is issued on behalf of the United States, Utah, or any officer or agency. Each party must be notified in advance of any mandated production or examination of documents or physical objects or investigation of premises prior to trial.
It is required to provide proof of service when the subpoena is issued by filing a statement with the clerk of the court, certified by the person who served it, stating when and how it was served, as well as who was served. Service of a subpoena outside of Utah for the taking of a deposition or production or inspection of documents or tangible things or inspection of premises outside this state adheres to the requirements of the jurisdiction of the case.
Anywhere in the state may issue a subpoena requiring a witness to attend an ongoing trial or hearing.
WHO CAN ATTEND A DEPOSITION IN UTAH
Unless the court orders otherwise, a person who lives in Utah may only be ordered to attend a deposition in the county where they reside, work, or do business in person. People who do not live in this state may be obliged to attend a deposition only in the county where they have been served with a subpoena or in any other location as ordered by the court.
When an individual is summoned to appear in court to provide testimony, the person to whom the subpoena is issued may additionally order the person being summoned to produce papers or physical items related to any of the topics covered by the examination.
Subpoenas are also done for papers or physical items to be produced or inspected or for the premises to be inspected. Any time after the start of the action, a subpoena may be given to demand a non-party to produce or authorize examination and copying of papers or physical goods or to allow inspection of premises. There are no exceptions to this rule’s scope or process, except that the individual must be given at least fourteen days to comply. The party that receives the subpoena must cover the reasonable costs of creating or replicating the documents or physical items. The party serving the subpoena must give the asking party copies of any documents collected in response to the subpoena upon request and payment of reasonable charges.
PRECAUTIONS TO BE TAKEN WHEN SERVING A SUBPOENA IN UTAH
To avoid placing an unnecessary hardship or cost on a person receiving a subpoena, a party or attorney responsible for issuing and serving the subpoena must take reasonable precautions. A suitable consequence, including but not limited to lost wages and a fair attorney’s fee, may be applied to a party or attorney who fails to comply with the subpoena’s requirements by the court issuing it.
When serving a subpoena on someone who is not a party, the court must give the person at least 14 days after Utah Process Service to comply with the subpoena, except if the court has instructed a shorter period for a good cause demonstrated to produce or allow inspection and copying of documents or tangible things or to allow inspection of premises.
A person ordered to produce documents or tangible things, or to permit inspection of premises, is not required to appear in person at the location of production or inspection unless they are also ordered to appear at trial.
HOW TO COMPLY WITH AND MODIFY A SUBPOENA IN UTAH
In order to comply with a subpoena, a person may serve a written objection to the party or attorney designated in the subpoena prior to the time specified for compliance. This written objection may pertain to any or all of the documents or tangible things that are subject to inspection or copying, as well as inspection of the premises. A party issuing a subpoena may only view and duplicate the documents or visit the premises with the court’s permission if an objection is raised.
The court can quash or modify the subpoena if it [A.] does not allow a reasonable time for compliance; [B.] requires a resident of Utah who is not a party to appear at a deposition in a county where they do not stay, work or transact business in person, or requires a non-resident of Utah to appear at a deposition in a county other than the county in which the person was served; [C.] requires disclosure of privileged or other protected matter and no exception or waiver applies; or [D.] subjects a person to undue burden.
If a subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information or even requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, it may still be quashed. Essentially, if the party serving the subpoena shows a substantial need for the testimony or material that cannot be met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court can order an appearance or production only upon specified conditions.
Respondents to subpoenas who are required to submit documents must do so in the manner in which they keep them in the normal course of business or arrange and label them according to the categories requested.
A claim that information sought by a subpoena is privileged or exempt from disclosure because it is trial preparation material must be presented explicitly. Failure to comply with a subpoena placed on someone without sufficient cause may be considered contempt of court. When a subpoena asks a nonparty to present or produce anything at a location beyond the parameters set out, there is an appropriate reason for the nonparty to refuse to comply.
To ensure that a witness shows up when they are supposed to, the court may give the sheriff a warrant to arrest the witness and bring them into court.
how to domesticate an OUT-OF-STATE SUBPOENA in Utah
Issuing an out-of-state subpoena pursuant to the Uniform Interstate Deposition and Discovery Act (UIDDA)-Utah, the clerk of the court in the county where discovery is to be performed in this state must be presented with a foreign subpoena before it may be requested that a subpoena be issued under this section. Subpoenas issued under this law do not obligate a person to appear in court in Utah.
Second, the clerk of a court in this state must swiftly issue a summons to the person to whom the international subpoena is sent, in line with that court’s process.
A subpoena issued for a foreign defendant must include: [A.] the terminology appropriate for the subpoena from abroad; and [B.] part of the subpoena, it must include or be accompanied with the names, addresses, and phone numbers of all counsel of record and of any party that is not represented by counsel.
Documents can be faxed at (800) 296-0115, emailed firstname.lastname@example.org, mailed, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; All documents are received by our receptionist.
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1. Dismissal may also be done upon the court’s initiative
2. When addressing the defendant, it would be necessary also to provide the plaintiff’s attorney’s name, address, and phone number, as well as the plaintiff’s address and phone number.
3. A judge may order service of process by publication, mail from the clerk, other means, or a combination of the above if the motion is granted. Still, notice must be calculated reasonably within all situations to inform the interested parties of the action’s pending status insofar as practically possible or realistic.
4. The party serving the subpoena may, with notice to the person being compelled to produce, petition for an order to compel the production at any time if an objection is raised. These orders will shield anybody who isn’t a party or an official from the costs associated with inspection and copying that are being compelled.
5. Describe the nature of the papers, communications, or other items that have not been supplied to the requesting party’s satisfaction so that the claim may be contested
6. A judge of the Supreme Court or the district court of the county where the action is pending may order an examination in the prison upon deposition or, in the discretion of the court, for temporary removal and production before the court or officer to be orally examined if the witness is a prisoner confined within the state