In Utah, after you file a lawsuit or other legal document, you have a responsibility to provide the defendant with a copy of the filed document, called service of process. Service of process is an important procedural aspect of any lawsuit because it provides the defendant with actual notice of the pending action. In addition, service of process ensures the defendant has an opportunity to respond to the action, like file an answer in response to the complaint. However, failing to serve the defendant with all filed documents can result in severe consequences. For example, the Utah court may dismiss your lawsuit. Therefore, it is very important to follow the correct procedure when completing service in Utah, and speak with an attorney if you have any questions about how to accomplish service of process.

A process server is the person that arranges the delivery of the court documents to the defendant. Any individual over the age of 18 who is not a party to the action can act as a process server in Utah. The state of Utah recognizes several methods of service. For example, the process server can personally serve the defendant. Personal service involves personally handing the defendant a copy of the documents. In addition, Utah allows a plaintiff to provide notice to the defendant using substituted service. Substituted service occurs if the defendant is not home at the time of service, but an adult is available to accept service. The process server should mention to the adult accepting service on the defendant’s behalf the importance of the documents.

Utah also allows service to be accomplished by mail. The documents can be mailed to the defendant using FedEx, UPS, or by the U.S. Postal Service by registered or certified mail. However, the documents must be sent with a return receipt and the defendant must be required to sign for the documents upon delivery. If another individual signs for the documents, the court will not recognize this method as accomplishing service. Parties are also free to waive the service requirement, or arrange for additional means of service, as long as both parties agree. However, all waivers of service must be filed with the court.

After the process server completes service, the process server will fill out a proof of service. The proof of service describes the date, place, time and method the process server used to accomplish service. If substituted service was used, when completing the proof of service the process server must indicate the individual’s name, or a detailed physical description of the individual who accepted service on the defendant’s behalf. Usually, this document must be filed with the court prior to your first appearance, and provides evidence to the court of the defendant’s knowledge of the lawsuit. The proof of service form is available online at the Utah court’s website http://www.utcourts.gov/howto/service/service_of_process.html#Forms.

Fulfilling the service of process requirements in Utah can be confusing. Therefore, if you have any additional questions or concerns regarding how to complete service in Utah, visit http://www.utcourts.gov/howto/service/service_of_process.html.