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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 are accepted, a copy of thesummons and complaint in an action commenced under Rule 3(a)(1) must be served no later than 120 days after the complaint isfiled, unless the court orders a different period under Rule 6. If the summonsand complaint are not timely served, the action againstthe unserved defendant may be dismissed without prejudice on motionof any party or on the court's own initiative.

(c) Contents of summons.

(c)(1) The summons must:

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

(c)(1)(B) be directed to the defendant;

(c)(1)(C) state the name, address and telephone number of theplaintiff's attorney, if any, and otherwise the plaintiff's address andtelephone number;

(c)(1)(D) state the time within which the defendant is requiredto answer the complaint in writing;

(c)(1)(E) notify the defendant that in case of failure to answerin writing, judgment by default will be entered against the defendant; and

(c)(1)(F) state either that the complaint is on file with thecourt or that the complaint will be filed with the court within 10 days afterservice.

(c)(2) If the action iscommenced under Rule 3(a)(2), the summons must also:

(c)(2)(A) state that the defendant need not answer if thecomplaint is not filed within 10 days after service; and

(c)(2)(B) state the telephone number of the clerk of the courtwhere the defendant may call at least 14 days after service to determine if thecomplaint has been filed.

(c)(3) If service is bypublication, the summons must also briefly state the subject matter and the sumof money or other relief demanded, and that the complaint is on file with thecourt.

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

(d)(1) Personalservice. Thesummons and complaint may be served by any person 18 years of age or older atthe time of service and not a party to the action or a party's attorney. If theperson 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 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;

(d)(1)(B) Upon a minorunder 14 years old by delivering a copy of the summons and complaint to theminor and also to the minor?s father, mother, or guardian or, if none can befound within the state, then to any person having the care and control of theminor, or with whom the minor resides, or by whom the minor is employed;

(d)(1)(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)(1)(D) Upon anindividual incarcerated or committed at a facility operated by the state or anyof its political subdivisions, by delivering a copy of the summons andcomplaint to the person who has the care, custody, or control of theindividual, or to that person's designee or to the guardian or conservator ofthe individual if one has been appointed. The person to whom the summons andcomplaint are delivered must promptly deliver them to the individual;

(d)(1)(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;

(d)(1)(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;

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

(d)(1)(H) Upon a schooldistrict 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;

(d)(1)(I) Upon anirrigation or drainage district, by delivering a copy of the summons andcomplaint as required by statute, or in the absence of a controlling statute,to the president or secretary of its board;

(d)(1)(J) Upon the stateof Utah or its department or agency by delivering a copy of the summons andcomplaint to the attorney general and any other person or agency required bystatute to be served; and

(d)(1)(K) Upon a publicboard, commission or body by delivering a copy of the summons and complaint asrequired by statute, or in the absence of a controlling statute, to any memberof its governing board, or to its executive employee or secretary.

(d)(2) Service bymail or commercial courier service.

(d)(2)(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.

(d)(2)(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.

(d)(2)(C) Service bymail or commercial courier service shall be complete on the date the receipt issigned as provided by this rule.

(d)(3) Acceptance of service.

(d)(3)(A) Duty to avoidexpenses. All parties have a duty to avoid unnecessary expenses of servingthe summons and complaint.

(d)(3)(B) Acceptance ofservice by party. Unless the person 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 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 onbehalf of the attorney?s client by signing a document that acknowledges receiptof the summons and complaint.

(d)(3)(D) Effect ofacceptance, proof of acceptance. A person who accepts service of the summons and complaint retainsall defenses and objections, except for adequacy of service. Service iseffective on the date of the acceptance. Filing the acceptance of service withthe court constitutes proof of service under Rule 4(e).

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

(d)(4)(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;

(d)(4)(B) if there is no internationally agreed means of serviceor the applicable international agreement allows other means of service,provided that service is reasonably calculated to give notice:

(d)(4)(B)(i) in the mannerprescribed by the law of the foreign country for service in that country in anaction in any of its courts of general jurisdiction;

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

(d)(4)(B)(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

(d)(4)(C) by other means not prohibited by internationalagreement as may be directed by the court.

(d)(5) Otherservice.

(d)(5)(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.

(d)(5)(B) If the motionis granted, the court will order service of the complaint and summons by meansreasonably 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.

(d)(5)(C) If the summonsis required to be published, the court, upon the request of the party applyingfor service by other means, must designate a newspaper of general circulationin the county in which publication is required.

(e) Proof of service.

(e)(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.

(e)(2) Proof of servicein a foreign country must be made as prescribed in these rules for servicewithin this state, or by the law of the foreign country, or by order of thecourt.

(e)(3) When service ismade 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.

(e)(4) Failure to fileproof of service does not affect the validity of the service. The court mayallow proof of service to be amended.

Advisory Committee Notes

 

 

Effective May 8,2018 pursuant to CJA Rule 11-105(5)