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Rule 5. Serviceand filing of pleadings and other papers.

(a) Whenservice is required.

(a)(1) Papers that must be served. Except as otherwise provided in theserules 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 be served;

(a)(1)(C)a pleading after the original complaint;

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

(a)(1)(E)a paper filed with the court other than a motion that may 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 party who isin default except that:

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

(a)(2)(B)a party in default for any reason other than for failure to appear must beserved as provided in paragraph (a)(1);

(a)(2)(C)a party in default for any reason must be served with notice of any hearing todetermine the amount of damages to be entered against the defaulting party;

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

(a)(2)(E)a party in default for any reason must be served under Rule 4with pleadings asserting new or additional claims for relief against 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) Howservice is made.

(b)(1) Whom to serve. If a party is represented by an attorney,a paper served under this rule must be served upon the attorney unless thecourt orders service upon the party. Service must be made upon the attorney andthe party if

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

(b)(1)(B)a final judgment has been entered in the action and more than 90 days haselapsed from the date a paper was last served on the attorney.

(b)(2) When to serve. If a hearing is scheduled 7 days or lessfrom the date of service, a party must serve a paper related to the hearing bythe method most likely to be promptly received. Otherwise, a paper that isfiled with the court must be served before or on the same day that it is filed.

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

(b)(3)(A)except in the juvenile court, submitting it for electronic filing if the personbeing served has an electronic filing account;

(b)(3)(B)emailing it to the email address provided by the person or to the email addresson file with the Utah State Bar, if the person has agreed to accept service byemail or has an electronic filing account;

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

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

(b)(3)(E)leaving it at the person?s office with a person in charge or, if no one is incharge, leaving it in a receptacle intended for receiving deliveries or in aconspicuous place;

(b)(3)(F)leaving it at the person?s dwelling house or usual place of abode with a personof suitable age and discretion who resides there; or

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

(b)(4) When service is effective. Service by mail or electronic means iscomplete upon sending.

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

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

(b)(5)(B)an order or judgment prepared by the court will be served by the court.

(c)Serving numerous defendants.If an action involves an unusually large number of defendants, the court, uponmotion or its own initiative, may order that:

(c)(1) adefendant?s pleadings and replies to them do not need to be served on the otherdefendants;

(c)(2) anycross-claim, counterclaim avoidance or affirmative defense in a defendant?spleadings and replies to them are deemed denied or avoided by all otherparties;

(c)(3) filing adefendant?s pleadings and serving them on the plaintiff constitutes notice ofthem to all other parties; and

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

(d) Certificateof service. A paperrequired by this rule to be served, including electronically filed papers, mustinclude a signed certificate of service showing the name of the documentserved, the date and manner of service and on whom it was served.

(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 or declaration. If a person files an affidavit or declaration, thefiler may:

(f)(1)electronically file the original affidavit with a notary acknowledgment asprovided by Utah CodeSection 46-1-16(7);

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

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

(f)(4)if the filer does not have an electronic filing account, present the originalaffidavit or declaration to the clerk of the court, and the clerk willelectronically file a scanned image and return the original to the filer.

The filer mustkeep an original affidavit or declaration of anyone other than the filer safeand available for inspection upon request until the action is concluded,including any appeal or until the time in which to appeal has expired.

Advisory Committee Notes