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Rule 5. Service and filingof pleadings and other papers.

(a) When service is required.

(a)(1) Papers that must be served. Except as otherwise provided inthese rules or as otherwise directed by the court, the following papers must beserved on every party:

(a)(1)(A) a judgment;

(a)(1)(B) an order that states it must beserved;

(a)(1)(C) a pleading after the originalcomplaint;

(a)(1)(D) a paper relating to disclosure or discovery;

(a)(1)(E) a paper filed with the court other than a motion thatmay be heard ex parte; and

(a)(1)(F) a written notice, appearance, demand, offer of judgment,or similar paper.

(a)(2) Serving parties in default. No service is required on a partywho is in default except that:

(a)(2)(A) a party in default must be served as ordered by thecourt;

(a)(2)(B) a party in default for any reason other than for failureto appear must be served as provided in paragraph (a)(1);

(a)(2)(C) a party in default for any reason must be served withnotice of any hearing to determine the amount of damages to be entered againstthe defaulting party;

(a)(2)(D) a party in default for anyreason must be served with notice of entry of judgment under Rule 58A(d); and

(a)(2)(E) a party in default for anyreason must be served under Rule 4 with pleadings asserting new or additional claims for reliefagainst the party.

(a)(3) Service in actions begun byseizing property. If an action isbegun by seizing property and no person is or need be named as defendant, anyservice required before the filing of an answer, claim or appearance must bemade upon the person who had custody or possession of the property when it wasseized.

(b) How service is made.

(b)(1) Whom to serve. 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:

(b)(1)(A) an attorney has filed a Notice of Limited Appearanceunder Rule 75 and the papers being served relate to a matter within thescope of the Notice; or

(b)(1)(B) a final judgment has beenentered in the action and more than 90 days has elapsed from the date a paperwas last served on the attorney.

(b)(2) When to serve. If a hearing is scheduled 7 daysor less from the date of service, a party must serve a paper related to thehearing by the method most likely to be promptly received. Otherwise, a paperthat is filed with the court must be served before or on the same day that itis filed.

(b)(3) Methods of service. A paper is served under this ruleby:

(b)(3)(A) except in the juvenile court, submitting it forelectronic filing, or the court submitting it to the electronic filing serviceprovider, if the person being served has an electronic filing account;

(b)(3)(B) emailing it to

(b)(3)(B)(i) themost recent email address provided by the person to the court under Rule 10(a)(3) or Rule 76, or

(b)(3)(B)(ii) to the email address onfile with the Utah State Bar;

(b)(3)(C) mailing it to the person?s lastknown address;

(b)(3)(D) handing it to the person;

(b)(3)(E) leaving it at the person?soffice with a person in charge or, if no one is in charge, leaving it in areceptacle intended for receiving deliveries or in a conspicuous place;

(b)(3)(F) leaving it at the person?sdwelling house or usual place of abode with a person of suitable age anddiscretion who resides there; or

(b)(3)(G) any other method agreed to inwriting by the parties.

(b)(4) When service is effective. Service by mail or electronicmeans is complete upon sending.

(b)(5) Who serves. Unless otherwise directed by thecourt:

(b)(5)(A) every paper required to beserved must be served by the party preparing it; and

(b)(5)(B) every paper prepared by thecourt will be served by the court.

(c) Serving numerous defendants. If an action involves anunusually large number of defendants, the court, upon motion or its owninitiative, may order that:

(c)(1) a defendant?s pleadings andreplies to them do not need to be served on the other defendants;

(c)(2) any cross-claim, counterclaimavoidance or affirmative defense in a defendant?s pleadings and replies to themare deemed denied or avoided by all other parties;

(c)(3) filing a defendant?s pleadings andserving them on the plaintiff constitutes notice of them to all other parties;and

(c)(4) a copy of the order must be servedupon the parties.

(d) Certificate of service. A paper required by this rule tobe served, including electronically filed papers, must include a signedcertificate of service showing the name of the document served,the date and manner of service and on whom it was served. Except in the juvenile court, this paragraph does not applyto papers required to be served under paragraph (b)(5)(B) whenservice to all parties is made under paragraph (b)(3)(A). 

(e) Filing. Except as providedin Rule 7(j) and Rule 26(f), all papers after the complaint that are required to be servedmust be filed with the court. Parties with an electronic filing account mustfile a paper electronically. A party without an electronic filing account mayfile a paper by delivering it to the clerk of the court or to a judge ofthe court. Filing is complete upon the earliest of acceptance by the electronicfiling system, the clerk of court or the judge.

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

(f)(1) electronically file the originalaffidavit with a notary acknowledgment as provided by Utah Code Section 46-1-16(7);

(f)(2) electronically file a scannedimage of the affidavit or declaration;

(f)(3) electronically file the affidavitor declaration with a conformed signature; or

(f)(4) if the filer does not have an electronicfiling account, present the original affidavit or declaration to the clerk ofthe court, and the clerk will electronically file a scanned image and returnthe original to the filer.

The filer must keep an original affidavit or declaration of anyoneother than the filer safe and available for inspection upon request until theaction is concluded, including any appeal or until the time in which to appealhas expired.

Advisory Committee Notes

Effective May 1, 2019