(1) Summons may be issued by thepetitioning attorney. If the petitioning attorney does not issue a summons,summons shall be issued by the clerk in accordance with Utah Code section 78A-6-351.The summons shall conform to the format prescribed by these rules.
(2) Content of the summons.
(A) Abuse, neglect, and dependencycases. The summons shall contain the name and address of the court, the titleof the proceeding, the type of hearing scheduled, and the date, place and timeof the hearing. It shall state the time within which the respondent is requiredto answer the petition, and shall notify the respondent that in the case of thefailure to do so, judgment by default may be rendered against the respondent.It shall also contain an abbreviated reference to the substance of thepetition.
(B) Other cases. The summons shallcontain the name and address of the court, the title of the proceeding, thetype of hearing scheduled, and the date, place and time of the hearing. Itshall also contain an abbreviated reference to the substance of the petition.In proceedings against an adult pursuant to Utah Code section 78A-6-450, thesummons shall conform to the Utah Rules of Criminal Procedure and be issued bythe prosecuting attorney.
(3) The summons shall be directed tothe person or persons who have physical care, control or custody of the minorand require them to appear and bring the minor before the court. If the personso summoned is not the parent, guardian, or custodian of the minor, a summonsshall also be issued to the parent, guardian, or custodian. If the minor orperson who is the subject of the petition has been emancipated by marriage oris 18 years of age or older at the time the petition is filed, the summons mayrequire the appearance of the minor only, unless otherwise ordered by thecourt. In neglect, abuse and dependency cases, unless otherwise directed by thecourt, the summons shall not require the appearance of the subject minor.
(4) No summons shall be necessary as toany party who appears voluntarily or who files a written waiver of service withthe clerk prior to or upon appearance at the hearing.
(1) Except as otherwise provided bythese rules or by statute, service of process and proof of service shall bemade by the methods provided in Rule 4 of Utah Rules of Civil Procedure.Service of process shall be made by the sheriff of the county where the serviceis to be made, by a deputy, by a process server, or by any other suitableperson appointed by the court. However, when the court so directs, an agent ofthe Department of Human Services may serve process in a case in which theDepartment is a party. A party or party's attorney may serve another party at acourt hearing. The record of the proceeding shall reflect the service of thedocument and shall constitute the proof of service.
(2) Personal service may be made upon aparent, guardian, or custodian and upon a minor in that person's legal custodyby delivering to a parent, guardian, or custodian a copy of the summons with acopy of the petition attached. If a minor is in the legal custody orguardianship of an agency or person other than a parent, service shall also bemade by delivering to the legal custodian a copy of the summons with a copy ofthe petition attached and notice shall be given to the parent as provided inparagraph (d). Service upon a minor who has attained majority by marriage asprovided in Utah Code Section 15-2-1 or upon court order shall be made in themanner provided in the Utah Rules of Civil Procedure.
(3) Service may be made by any form ofmail requiring a signed receipt by the addressee. Service is complete uponreturn to court of the signed receipt. Service of process may be made bydepositing a copy thereof in the United States mail addressed to the last knownaddress of the person to be served. Any person who appears in court in responseto mailed service shall be considered to have been legally served.
(4) In any proceeding wherein theparent, guardian, or custodian cannot after the exercise of reasonablediligence be located for personal service, the court may proceed to adjudicatethe matter subject to the right of the parent, guardian or custodian to arehearing, except that in certification proceedings brought pursuant to
(5) Service shall be completed at least48 hours prior to the adjudicatory hearing. If the summons is for the permanenttermination of parental rights, service shall be completed at least ten daysbefore the adjudicatory hearing. If the summons is for a substantiation proceeding,service shall be completed at least forty-five days before the adjudicatoryhearing.
(1) Notice of the time, date and placeof any further proceedings, after an initial appearance or service of summons,may be given in open court or by mail to any party. Notice shall be sufficientif the clerk deposits the notice in the United States mail, postage pre-paid,to the address provided by the party in court or the address at which the partywas initially served, or, if the party has agreed to accept service by email,sends notice to the email address provided by the party.
(2) Notice for any party represented bycounsel shall be given to counsel for the party through either mail, noticegiven in open court, or by email tothe email address on file with the Utah State Bar.
Effective September 1, 2021.