Rule 4. Process.
(a) Signing of summons. The summons must be signed and issued by
the plaintiff or the plaintiff's attorney. Separate summonses may be signed and
issued.
(b) Time of service. Unless the summons and complaint are accepted, a copy of the
summons and complaint in an action commenced under Rule 3(a)(1) must be served no later than 120 days after the complaint is
filed, unless the court orders a different period under Rule 6. If the summons
and complaint are not timely served, the action against
the unserved defendant may be dismissed without prejudice on motion
of 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 of
the 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 the
plaintiff's attorney, if any, and otherwise the plaintiff's address and
telephone number;
(c)(1)(D) state the time within which the defendant is required
to answer the complaint in writing;
(c)(1)(E) notify the defendant that in case of failure to answer
in writing, judgment by default will be entered against the defendant; and
(c)(1)(F) state either that the complaint is on file with the
court or that the complaint will be filed with the court within 10 days after
service.
(c)(2) If the action is
commenced under Rule 3(a)(2), the summons must also:
(c)(2)(A) state that the defendant need not answer if the
complaint is not filed within 10 days after service; and
(c)(2)(B) state the telephone number of the clerk of the court
where the defendant may call at least 14 days after service to determine if the
complaint has been filed.
(c)(3) If service is by
publication, the summons must also briefly state the subject matter and the sum
of money or other relief demanded, and that the complaint is on file with the
court.
(d) Methods of service. The summons and complaint may be served in
any state or judicial district of the United States. Unless service is
accepted, service of the summons and complaint must be by one of the following
methods:
(d)(1) Personal
service. The
summons and complaint may be served by any person 18 years of age or older at
the time of service and not a party to the action or a party's attorney. If the
person to be served refuses to accept a copy of the summons and complaint,
service is sufficient if the person serving them states
the name of the process and offers to deliver them. Personal service must be
made as follows:
(d)(1)(A) Upon any
individual 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 individual
personally, or by leaving them at the individual's dwelling house or usual
place 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 to
receive process;
(d)(1)(B) Upon a minor
under 14 years old by delivering a copy of the summons and complaint to the
minor and also to the minor’s father, mother, or guardian or, if none can be
found within the state, then to any person having the care and control of the
minor, or with whom the minor resides, or by whom the minor is employed;
(d)(1)(C) Upon an
individual judicially declared to be incapacitated, of unsound mind, or
incapable of conducting the individual’s own affairs, by delivering a copy of
the summons and complaint to the individual and to the guardian or conservator
of the individual if one has been appointed; the individual’s legal
representative 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 an
individual incarcerated or committed at a facility operated by the state or any
of its political subdivisions, by delivering a copy of the summons and
complaint to the person who has the care, custody, or control of the
individual, or to that person's designee or to the guardian or conservator of
the individual if one has been appointed. The person to whom the summons and
complaint are delivered must promptly deliver them to the individual;
(d)(1)(E) Upon a
corporation not otherwise provided for in this rule, a limited liability
company, a partnership, or an unincorporated association subject to suit under
a 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 to
receive process and by also mailing a copy of the summons and complaint to the
defendant, if the agent is one authorized by statute to receive process and the
statute so requires. If no officer or agent can be found within the state, and
the defendant has, or advertises or holds itself out as having, a place of
business within the state or elsewhere, or does business within this state or
elsewhere, then upon the person in charge of the place of business;
(d)(1)(F) Upon an
incorporated city or town, by delivering a copy of the summons and complaint as
required by statute, or in the absence of a controlling statute, to the
recorder;
(d)(1)(G) Upon a county,
by delivering a copy of the summons and complaint as required by statute, or in
the absence of a controlling statute, to the county clerk;
(d)(1)(H) Upon a school
district or board of education, by delivering a copy of the summons and
complaint as required by statute, or in the absence of a controlling statute,
to the superintendent or administrator of the board;
(d)(1)(I) Upon an
irrigation or drainage district, by delivering a copy of the summons and
complaint 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 state
of Utah or its department or agency by delivering a copy of the summons and
complaint to the attorney general and any other person or agency required by
statute to be served; and
(d)(1)(K) Upon a public
board, commission or body by delivering a copy of the summons and complaint as
required by statute, or in the absence of a controlling statute, to any member
of its governing board, or to its executive employee or secretary.
(d)(2) Service by
mail or commercial courier service.
(d)(2)(A) The summons
and complaint may be served upon an individual other than one covered by
paragraphs (d)(1)(B) or (d)(1)(C) by mail or commercial courier service in any
state or judicial district of the United States provided the defendant signs a
document indicating receipt.
(d)(2)(B) The summons
and 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 or
judicial district of the United States provided defendant's agent authorized by
appointment or by law to receive service of process signs a document indicating
receipt.
(d)(2)(C) Service by
mail or commercial courier service shall be complete on the date the receipt is
signed as provided by this rule.
(d)(3) Acceptance of service.
(d)(3)(A) Duty to avoid
expenses. All parties have a duty to avoid unnecessary expenses of serving
the summons and complaint.
(d)(3)(B) Acceptance of
service by party. Unless the person to be served is a minor under 14
years old or an individual judicially declared to be incapacitated, of unsound
mind, or incapable of conducting the individual’s own affairs, a party may accept
service of a summons and complaint by signing a document that acknowledges
receipt of the summons and complaint.
(d)(3)(C) Acceptance of
service by attorney for party. An attorney may accept service of a summons and complaint on
behalf of the attorney’s client by signing a document that acknowledges receipt
of the summons and complaint.
(d)(3)(D) Effect of
acceptance, proof of acceptance. A person who accepts service of the summons and complaint retains
all defenses and objections, except for adequacy of service. Service is
effective on the date of the acceptance. Filing the acceptance of service with
the court constitutes proof of service under Rule 4(e).
(d)(4) Service in a
foreign country. Service in a foreign country must be made as follows:
(d)(4)(A) by any
internationally agreed means reasonably calculated to give notice, such as
those means authorized by the Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents;
(d)(4)(B) if there is no internationally agreed means of service
or the applicable international agreement allows other means of service,
provided that service is reasonably calculated to give notice:
(d)(4)(B)(i) in the manner
prescribed by the law of the foreign country for service in that country in an
action in any of its courts of general jurisdiction;
(d)(4)(B)(ii) as directed by the foreign authority in response to a
letter of request issued by the court; or
(d)(4)(B)(iii) unless
prohibited by the law of the foreign country, by delivering a copy of the
summons and complaint to the individual personally or by any form of mail
requiring a signed receipt, addressed and dispatched by the clerk of the court
to the party to be served; or
(d)(4)(C) by other means not prohibited by international
agreement as may be directed by the court.
(d)(5) Other
service.
(d)(5)(A) If the
identity or whereabouts of the person to be served are unknown and cannot be
ascertained through reasonable diligence, if service upon all of the individual
parties is impracticable under the circumstances, or if there is good cause to
believe that the person to be served is avoiding service, the party seeking
service may file a motion to allow service by some other means. An affidavit or
declaration supporting the motion must set forth the efforts made to identify,
locate, and serve the party, or the circumstances that make it impracticable to
serve all of the individual parties.
(d)(5)(B) If the motion
is granted, the court will order service of the complaint and summons by means
reasonably calculated, under all the circumstances, to apprise the named
parties of the action. The court's order must specify the content of the
process to be served and the event upon which service is complete. Unless
service is by publication, a copy of the court's order must be served with the
process specified by the court.
(d)(5)(C) If the summons
is required to be published, the court, upon the request of the party applying
for service by other means, must designate a newspaper of general circulation
in the county in which publication is required.
(e) Proof of service.
(e)(1)The person
effecting service must file proof of service stating the date, place, and
manner of service, including a copy of the summons. If service is made by a
person other than by an attorney, sheriff, constable, United States Marshal, or
by the sheriff’s, constable’s or marshal's deputy, the proof of service must be
by affidavit or unsworn declaration as described in Title 78B, Chapter 18a,
Uniform Unsworn Declarations Act.
(e)(2) Proof of service
in a foreign country must be made as prescribed in these rules for service
within this state, or by the law of the foreign country, or by order of the
court.
(e)(3) When service is
made pursuant to paragraph(d)(4)(C), proof of
service must include a receipt signed by the addressee or other evidence of
delivery to the addressee satisfactory to the court.
(e)(4) Failure to file
proof of service does not affect the validity of the service. The court may
allow proof of service to be amended.
Effective May 8,
2018 pursuant to CJA Rule 11-105(5)