(1) The summonsmust:
(2) If theaction is commenced under Rule
(3) If serviceis by publication, the summons must also briefly state the subject matter andthe sum of money or other relief demanded, and that the complaint is on filewith the court.
(1) Personalservice. The summons and complaint maybe served by any person 18 years of age or older at the time of service and nota party to the action or a party's attorney. If the person to be served refusesto accept a copy of the summons and complaint, service is sufficient if theperson serving them states the name of theprocess and offers to deliver them. Personal service must be made as follows:
(A) Upon anyindividual other than one covered by paragraphs (d)(1)(B), (d)(1)(C) or(d)(1)(D), by delivering a copy of the summons and complaint to the individualpersonally, or by leaving them at the individual's dwelling house or usualplace of abode with a person of suitable age and discretion who resides there,or by delivering them to an agent authorized by appointment or by law toreceive process;
(B) Upon a minorunder 14 years old by delivering a copy of the summons and complaint to aparent or guardian of the minor or, if none can be found within the state, thento any person having the care and control of the minor, or with whom the minorresides, or by whom the minor is employed;
(C) Upon anindividual judicially declared to be incapacitated, of unsound mind, orincapable of conducting the individual?s own affairs, by delivering a copy ofthe summons and complaint to the individual and to the guardian or conservatorof the individual if one has been appointed; the individual?s legalrepresentative if one has been appointed, and, in the absence of a guardian,conservator, or legal representative, to the person, if any, who has care,custody, or control of the individual;
(D) Upon an individualincarcerated or committed at a facility operated by the state or any of itspolitical subdivisions, by delivering a copy of the summons and complaint tothe person who has the care, custody, or control of the individual, or to thatperson's designee or to the guardian or conservator of the individual if onehas been appointed. The person to whom the summons and complaint are deliveredmust promptly deliver them to the individual;
(E) Upon acorporation not otherwise provided for in this rule, a limited liabilitycompany, a partnership, or an unincorporated association subject to suit undera common name, by delivering a copy of the summons and complaint to an officer,a managing or general agent, or other agent authorized by appointment or law toreceive process and by also mailing a copy of the summons and complaint to thedefendant, if the agent is one authorized by statute to receive process and thestatute so requires. If no officer or agent can be found within the state, andthe defendant has, or advertises or holds itself out as having, a place ofbusiness within the state or elsewhere, or does business within this state orelsewhere, then upon the person in charge of the place of business;
(F) Upon anincorporated city or town, by delivering a copy of the summons and complaint asrequired by statute, or in the absence of a controlling statute, to therecorder;
(G) Upon acounty, by delivering a copy of the summons and complaint as required bystatute, or in the absence of a controlling statute, to the county clerk;
(H) Upon aschool district or board of education, by delivering a copy of the summons andcomplaint as required by statute, or in the absence of a controlling statute,to the superintendent or administrator of the board;
(I) Upon an irrigationor drainage district, by delivering a copy of the summons and complaint asrequired by statute, or in the absence of a controlling statute, to thepresident or secretary of its board;
(J) Upon thestate of Utah or its department or agency by delivering a copy of the summonsand complaint to the attorney general and any other person or agency requiredby statute to be served; and
(K) Upon apublic board, commission or body by delivering a copy of the summons andcomplaint as required by statute, or in the absence of a controlling statute,to any member of its governing board, or to its executive employee orsecretary.
(2) Serviceby mail or commercial courier service.
(A) The summonsand complaint may be served upon an individual other than one covered byparagraphs (d)(1)(B) or (d)(1)(C) by mail or commercial courier service in anystate or judicial district of the United States provided the defendant signs adocument indicating receipt.
(B) The summonsand complaint may be served upon an entity covered by paragraphs (d)(1)(E)through (d)(1)(I) by mail or commercial courier service in any state orjudicial district of the United States provided defendant's agent authorized byappointment or by law to receive service of process signs a document indicatingreceipt.
(C) Service bymail or commercial courier service shall be complete on the date the receipt issigned as provided by this rule.
(A) Duty toavoid expenses. All parties havea duty to avoid unnecessary expenses of serving the summons and complaint.
(B) Acceptanceof service by party. Unless theperson to be served is a minor under 14years old or an individual judicially declared to be incapacitated, of unsoundmind, or incapable of conducting the individual?s own affairs, a party mayaccept service of a summons and complaint by signing a document thatacknowledges receipt of the summons and complaint.
(i)Content of proof of electronic acceptance.If acceptance is obtained electronically, the proof of acceptance mustdemonstrate on its face that the electronic signature is attributable to theparty accepting service and was voluntarily executed by the party. The proof ofacceptance must demonstrate that the party received readable copies of thesummons and complaint prior to signing the acceptance of service.
(C) Acceptanceof service by attorney for party. Anattorney may accept service of a summons and complaint on behalf of theattorney?s client by signing a document that acknowledges receipt of thesummons and complaint.
(D) Effect ofacceptance, proof of acceptance. Aperson who accepts service of the summons and complaint retains all defensesand objections, except for adequacy of service. Service is effective on thedate of the acceptance. Filing the acceptance of service with the courtconstitutes proof of service under Rule 4(e).
(4) Servicein a foreign country. Service ina foreign country must be made as follows:
(A) by anyinternationally agreed means reasonably calculated to give notice, such asthose means authorized by the Hague Convention on the Service Abroad ofJudicial and Extrajudicial Documents;
(iii) unlessprohibited by the law of the foreign country, by delivering a copy of thesummons and complaint to the individual personally or by any form of mailrequiring a signed receipt, addressed and dispatched by the clerk of the courtto the party to be served; or
(A) If theidentity or whereabouts of the person to be served are unknown and cannot beascertained through reasonable diligence, if service upon all of the individualparties is impracticable under the circumstances, or if there is good cause tobelieve that the person to be served is avoiding service, the party seekingservice may file a motion to allow service by some other means. An affidavit ordeclaration supporting the motion must set forth the efforts made to identify,locate, and serve the party, or the circumstances that make it impracticable toserve all of the individual parties.
(B) If themotion is granted, the court will order service of the complaint and summons bymeans reasonably calculated, under all the circumstances, to apprise the namedparties of the action. The court's order must specify the content of theprocess to be served and the event upon which service is complete. Unlessservice is by publication, a copy of the court's order must be served with theprocess specified by the court.
(C) If thesummons is required to be published, the court, upon the request of the partyapplying for service by other means, must designate a newspaper of generalcirculation in the county in which publication is required.
(1)The personeffecting service must file proof of service stating the date, place, andmanner of service, including a copy of the summons. If service is made by aperson other than by an attorney, sheriff, constable, United States Marshal, orby the sheriff?s, constable?s or marshal's deputy, the proof of service must beby affidavit or unsworn declaration as described in Title 78B, Chapter 18a,Uniform Unsworn Declarations Act.
(2) Proof ofservice in a foreign country must be made as prescribed in these rules forservice within this state, or by the law of the foreign country, or by order ofthe court.
(3) When serviceis made pursuant to paragraph(d)(4)(C), proof ofservice must include a receipt signed by the addressee or other evidence ofdelivery to the addressee satisfactory to the court.
(4) Failure tofile proof of service does not affect the validity of the service. The courtmay allow proof of service to be amended.