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Rule 4. Process.

(a)Signing of summons. The summons must be signed and issued bythe plaintiff or the plaintiff's attorney. Separate summonses may be signed andissued.

(b)Time of service. Unless the summons and complaint areaccepted, a copy of the summons and complaint in an action commenced underRule 3(a)(1) must be served no later than 120 days after the complaint is filed,unless the court orders a different period under Rule 6. If the summons andcomplaint are not timely served, the action against the unserveddefendant may be dismissed without prejudice on motion of any party or on thecourt's own initiative.

(c)Contents of summons.

(c)(1) The summons must:

(c)(1)(A) containthe name and address of the court, the names of the parties to the action, andthe county in which it is brought;

(c)(1)(B) bedirected to the defendant;

(c)(1)(C) state thename, address and telephone number of the plaintiff's attorney, if any, andotherwise the plaintiff's address and telephone number;

(c)(1)(D) state thetime within which the defendant is required to answer the complaint in writing;

(c)(1)(E) notifythe defendant that in case of failure to answer in writing, judgment by defaultwill be entered against the defendant; and

(c)(1)(F) stateeither that the complaint is on file with the court or that the complaint willbe filed with the court within 10 days after service.

(c)(2) If the action is commenced underRule 3(a)(2), the summons must also:

(c)(2)(A) statethat the defendant need not answer if the complaint is not filed within 10 daysafter service; and

(c)(2)(B) state thetelephone number of the clerk of the court where the defendant may call atleast 14 days after service to determine if the complaint has been filed.

(c)(3) If service is by publication, thesummons must also briefly state the subject matter and the sum of money orother relief demanded, and that the complaint is on file with the court.

(d)Methods of service. The summons and complaint may be served inany state or judicial district of the United States. Unless service is accepted,service of the summons and complaint must be by one of the following methods:

(d)(1) Personal service.The summons and complaint may be served by any person 18 years of age or olderat the time of service and not a party to the action or a party's attorney. Ifthe person to be served refuses to accept a copy of the summons and complaint,service is sufficient if the person serving them statesthe name of the process and offers to deliver them. Personal service must bemade as follows:

(d)(1)(A) Upon any individual other than onecovered by paragraphs (d)(1)(B), (d)(1)(C) or (d)(1)(D), by delivering a copyof the summons and complaint to the individual personally, or by leaving them atthe individual's dwelling house or usual place of abode with a person ofsuitable age and discretion who resides there, or by delivering them to anagent authorized by appointment or by law to receive process;

(d)(1)(B) Upon a minor under 14 years old bydelivering a copy of the summons and complaint to the minor and also to the minor?sfather, mother, or guardian or, if none can be found within the state, then toany person having the care and control of the minor, or with whom the minor resides,or by whom the minor is employed;

(d)(1)(C) Upon an individual judiciallydeclared to be incapacitated, of unsound mind, or incapable of conducting the individual?sown affairs, by delivering a copy of the summons and complaint to the individualand to the guardian or conservator of the individual if one has been appointed;the individual?s legal representative if one has been appointed, and, in theabsence of a guardian, conservator, or legal representative, to the person, ifany, who has care, custody, or control of the individual;

(d)(1)(D) Upon an individual incarcerated orcommitted at a facility operated by the state or any of its politicalsubdivisions, by delivering a copy of the summons and complaint to the personwho has the care, custody, or control of the individual, or to that person'sdesignee or to the guardian or conservator of the individual if one has beenappointed. The person to whom the summons and complaint are delivered must promptlydeliver them to the individual;

(d)(1)(E) Upon a corporation not otherwiseprovided for in this rule, a limited liability company, a partnership, or anunincorporated association subject to suit under a common name, by delivering acopy of the summons and complaint to an officer, a managing or general agent,or other agent authorized by appointment or law to receive process and by alsomailing a copy of the summons and complaint to the defendant, if the agent isone authorized by statute to receive process and the statute so requires. If noofficer or agent can be found within the state, and the defendant has, oradvertises or holds itself out as having, a place of business within the stateor elsewhere, or does business within this state or elsewhere, then upon theperson in charge of the place of business;

(d)(1)(F) Upon an incorporated city or town,by delivering a copy of the summons and complaint as required by statute, or inthe absence of a controlling statute, to the recorder;

(d)(1)(G) Upon a county, by delivering acopy of the summons and complaint as required by statute, or in the absence ofa controlling statute, to the county clerk;

(d)(1)(H) Upon a school district or board ofeducation, by delivering a copy of the summons and complaint as required bystatute, or in the absence of a controlling statute, to the superintendent oradministrator of the board;

(d)(1)(I) Upon an irrigation or drainagedistrict, by delivering a copy of the summons and complaint as required bystatute, or in the absence of a controlling statute, to the president or secretaryof its board;

(d)(1)(J) Upon the state of Utah or itsdepartment or agency by delivering a copy of the summons and complaint to theattorney general and any other person or agency required by statute to beserved; and

(d)(1)(K) Upon a public board, commission orbody by delivering a copy of the summons and complaint as required by statute,or in the absence of a controlling statute, to any member of its governingboard, or to its executive employee or secretary.

(d)(2) Service by mail or commercial courier service.

(d)(2)(A) The summons and complaint may beserved upon an individual other than one covered by paragraphs (d)(1)(B) or(d)(1)(C) by mail or commercial courier service in any state or judicialdistrict of the United States provided the defendant signs a documentindicating receipt.

(d)(2)(B) The summons and complaint may beserved upon an entity covered by paragraphs (d)(1)(E) through (d)(1)(I) by mailor commercial courier service in any state or judicial district of the UnitedStates provided defendant's agent authorized by appointment or by law toreceive service of process signs a document indicating receipt.

(d)(2)(C) Service by mail or commercialcourier service shall be complete on the date the receipt is signed as providedby this rule.

(d)(3) Acceptance of service.

(d)(3)(A) Duty to avoidexpenses. All parties havea duty to avoid unnecessary expenses of serving the summons and complaint.

(d)(3)(B) Acceptance ofservice by party. Unlessthe person to be served is a minor under 14 years oldor an individual judicially declared to be incapacitated, of unsound mind, orincapable of conducting the individual?s own affairs, a party may acceptservice of a summons and complaint by signing a document that acknowledgesreceipt of the summons and complaint.

(d)(3)(C) Acceptance ofservice by attorney for party. An attorney may accept service of a summons and complaint on behalf of theattorney?s client by signing a document that acknowledges receipt of the summonsand complaint.

(d)(3)(D) Effect ofacceptance, proof of acceptance. A person who accepts service of the summons and complaint retains alldefenses and objections, except for adequacy of service. Service is effectiveon the date of the acceptance. Filing the acceptance of service with the courtconstitutes proof of service under Rule 4(e).

(d)(4) Service in a foreign country. Service in a foreign country must be made as follows:

(d)(4)(A) by any internationally agreedmeans reasonably calculated to give notice, such as those means authorized bythe Hague Convention on the Service Abroad of Judicial and ExtrajudicialDocuments;

(d)(4)(B) if thereis no internationally agreed means of service or the applicable internationalagreement allows other means of service, provided that service is reasonablycalculated to give notice:

(d)(4)(B)(i) in the manner prescribed by the law of the foreign countryfor service in that country in an action in any of its courts of generaljurisdiction;

(d)(4)(B)(ii) as directedby the foreign authority in response to a letter of request issued by the court;or

(d)(4)(B)(iii) unless prohibited by the lawof the foreign country, by delivering a copy of the summons and complaint tothe individual personally or by any form of mail requiring a signed receipt, addressedand dispatched by the clerk of the court to the party to be served; or

(d)(4)(C) by othermeans not prohibited by international agreement as may be directed by thecourt.

(d)(5) Other service.

(d)(5)(A) If the identity or whereabouts ofthe person to be served are unknown and cannot be ascertained throughreasonable diligence, if service upon all of the individual parties isimpracticable under the circumstances, or if there is good cause to believethat the person to be served is avoiding service, the party seeking service mayfile a motion to allow service by some other means. An affidavit or declarationsupporting the motion must set forth the efforts made to identify, locate, and servethe party, or the circumstances that make it impracticable to serve all of theindividual parties.

(d)(5)(B) If the motion is granted, thecourt will order service of the complaint and summons by means reasonablycalculated, under all the circumstances, to apprise the named parties of theaction. The court's order must specify the content of the process to be servedand the event upon which service is complete. Unless service is by publication,a copy of the court's order must be served with the process specified by thecourt.

(d)(5)(C) If the summons is required to bepublished, the court, upon the request of the party applying for service byother means, must designate a newspaper of general circulation in the county inwhich publication is required.

(e)Proof of service.

(e)(1)The person effecting service must fileproof of service stating the date, place, and manner of service, including acopy of the summons. If service is made by a person other than by an attorney,sheriff, constable, United States Marshal, or by the sheriff?s, constable?s or marshal'sdeputy, the proof of service must be by affidavit or declaration under penaltyof Utah Code Section 78B‑5‑705.

(e)(2) Proof of service in a foreign countrymust be made as prescribed in these rules for service within this state, or bythe law of the foreign country, or by order of the court.

(e)(3) When service is made pursuant to paragraph(d)(4)(C), proof of service must include a receiptsigned by the addressee or other evidence of delivery to the addresseesatisfactory to the court.

(e)(4) Failure to file proof of service doesnot affect the validity of the service. The court mayallow proof of service to be amended.

AdvisoryCommittee Notes

 

EffectiveNovember 1, 2016