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Rule 5. Service and filingof pleadings and other papers.

(a) When service is required.

(1) Papers thatmust be served. Except asotherwise provided in these rules or as otherwise directed by the court, thefollowing papers must be served on every party:

(A) a judgment;

(B) an order that states it must be served;

(C) a pleading after the original complaint;

(D) a paper relating to disclosure or discovery;

(E) a paper filed with the court other than a motion that may beheard ex parte; and

(F) a written notice, appearance, demand, offer of judgment, orsimilar paper.

(2) Servingparties in default. No serviceis required on a party who is in default except that:

(A) a party in default must be served as ordered by the court;

(B) a party indefault for any reason other than for failure to appear must be served asprovided in paragraph (a)(1);

(C) a party in default for any reason must be served with noticeof any hearing to determine the amount of damages to be entered against thedefaulting party;

(D) a party in default for any reason must be served withnotice of entry of judgment under Rule 58A(g);and

(E) a party in default for any reason must be servedunder Rule 4 withpleadings asserting new or additional claims for relief against the party.

(3) Service inactions begun by seizing property. Ifan action is begun by seizing property and no person is or need be named asdefendant, any service required before the filing of an answer, claim orappearance must be made upon the person who had custody or possession of theproperty when it was seized.

(b) How service is made.

(1) Whom toserve. If a party is represented by anattorney, a paper served under this rule must be served upon the attorneyunless the court orders service upon the party. Service must be made upon theattorney and the party if:

(A) an attorneyhas filed a Notice of Limited Appearance under Rule 75 andthe papers being served relate to a matter within the scope of the Notice; or

(B) a final judgment has been entered in the action andmore than 90 days has elapsed from the date a paper was last served on theattorney.

(2) When toserve. If a hearing is scheduled 7days or less from the date of service, a party must serve a paper related tothe hearing by the method most likely to be promptly received. Otherwise, apaper that is filed with the court must be served before or on the same daythat it is filed.

(3) Methods ofservice. A paper is served under thisrule by:

(A) except inthe juvenile court, submitting it for electronic filing, or the courtsubmitting it to the electronic filing service provider, if the personbeing served has an electronic filing account;

(B) emailing it to

(i) the most recent email address provided by the person tothe court under Rule 10(a)(3) or Rule 76,or

(ii) to the email address on file with the Utah State Bar;

(C) mailing it to the person?s last known address;

(D) handing it to the person;

(E) leaving it at the person?s office with a person incharge or, if no one is in charge, leaving it in a receptacle intended forreceiving deliveries or in a conspicuous place;

(F) leaving it at the person?s dwelling house or usualplace of abode with a person of suitable age and discretion who resides there;or

(G) any other method agreed to in writing by the parties.

(4) When serviceis effective. Service bymail or electronic means is complete upon sending.

(5) Who serves. Unlessotherwise directed by the court or these rules:

(A) every paper required to be served must be served by theparty preparing it; and

(B) every paper prepared by the court will be served by thecourt.

(c) Serving numerous defendants. If an action involves an unusuallylarge number of defendants, the court, upon motion or its own initiative, mayorder that:

(1) a defendant?s pleadings and replies to them do not needto be served on the other defendants;

(2) any cross-claim, counterclaim avoidance or affirmativedefense in a defendant?s pleadings and replies to them are deemed denied oravoided by all other parties;

(3) filing a defendant?s pleadings and serving them on theplaintiff constitutes notice of them to all other parties; and

(4) a copy of the order must be served upon the parties.

(d) Certificate of service. A paper required by this rule to beserved, including electronically filed papers, must include a signedcertificate of service showing the name of the document served, thedate and manner of service and on whom it was served. Except in the juvenile court, this paragraph does notapply to papers required to be served under paragraph (b)(5)(Bwhenservice to all parties is made under paragraph (b)(3)(A). 

(e) Filing. Except as provided in Rule 7(j) and Rule 26(f),all papers after the complaint that are required to be served must be filedwith the court. Parties with an electronic filing account must file a paperelectronically. A party without an electronic filing account may file a paperby delivering it to the clerk of the court or to a judge of the court.Filing is complete upon the earliest of acceptance by the electronic filingsystem, the clerk of court or the judge.

(f) Filing an affidavit ordeclaration. If a personfiles an affidavit or declaration, the filer may:

(1) electronically file the original affidavit with anotary acknowledgment as provided by Utah Code Section 46-1-16(7);

(2) electronically file a scanned image of the affidavit ordeclaration;

(3) electronically file the affidavit or declaration with aconformed signature; or

(4) if the filer does not have an electronic filingaccount, present the original affidavit or declaration to the clerk of thecourt, and the clerk will electronically file a scanned image and return theoriginal to the filer.

The filer must keep an original affidavitor declaration of anyone other than the filer safe and available for inspectionupon request until the action is concluded, including any appeal or until thetime in which to appeal has expired.

 

AdvisoryCommittee Notes

Note adopted2015

Under paragraph (b)(3)(A),electronically filing a document has the effect of serving the document onlawyers who have an efilingaccount. (Lawyers representing parties in the district court are required tohave an account and electronically file documents. Code ofJudicial Administration Rule 4503.)The 2015 amendment excepts from this provisiondocuments electronically filed in juvenile court.

Although electronic filing in the juvenilecourt presents to the parties the documents that have been filed, the juvenilecourt efiling application (CARE), unlike that inthe district court, does not deliver an email alerting the party to that fact.The Board of Juvenile Court Judges and the Advisory Committee on the Rules ofJuvenile Procedure believe this difference renders electronic filing aloneinsufficient notice of a document having been filed. So in the juvenile court,a party electronically filing a document must serve that document by one of theother permitted methods.

 

Effective January 1, 2021