Utah Rules of Civil Procedure

Utah's rules for serving a summons and complaint are in the Utah Rules of Civil Procedure (URCP), mainly Rule 4. The current version of Rule 4 took effect on November 1, 2023.

Utah doesn't license private process servers. Any adult who isn't a party or a party's attorney can serve.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current Utah Rules of Civil Procedure or ask an attorney before relying on it.

Utah process servers

• Become a process server in Utah
• Hire a process server in Utah

Quick facts: process serving in Utah

• Who can serve: Anyone 18 or older who isn't a party to the case or a party's attorney (URCP 4(d)(1)).
• Licensing: Utah doesn't license or register private process servers.
• Deadline to serve: Within 120 days after the complaint is filed, unless the court sets a different time (URCP 4(b)).
• Substituted service: Papers can be left at the defendant's home with a person of suitable age and discretion who lives there (URCP 4(d)(1)(A)).
• Proof of service: Filed with the court, with a copy of the summons. A private server signs an affidavit or unsworn declaration (URCP 4(e)).
• Time to respond: 21 days after service in Utah, or 30 days if served outside Utah (URCP 12(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Utah. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job, so you have a record of your efforts if a Rule 4(d)(5) motion is needed.

Register for ServeManager

Do you need a license to serve process in Utah?

No. Utah has no state license, registration or certification for private process servers. Under URCP 4(d)(1), any person 18 or older at the time of service who isn't a party or a party's attorney can serve a summons and complaint. Sheriffs, constables and their deputies also serve process.

For a step-by-step guide, see Become a Process Server in Utah.

How to serve a summons in Utah

Service can be made in any state or federal judicial district (URCP 4(d)).

Personal service: URCP 4(d)(1)

The server delivers a copy of the summons and complaint to the defendant personally, or to an agent authorized by appointment or by law to receive service. If the person refuses to take the papers, service is still valid if the server states what the papers are and offers to deliver them.

Substituted service at home: URCP 4(d)(1)(A)

The papers can be left at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion who lives there.

Special cases: URCP 4(d)(1)(B) to (D)

• Children under 14: Serve a parent, guardian, or the person with care and control of the child.
• Incapacitated people: Serve the person and their guardian, conservator or legal representative. If there isn't one, serve whoever has care, custody or control of them.
• People in a state or local facility: Serve the person, the person who has custody of them or that person's designee, or their guardian or conservator. Since November 1, 2023, the rule also allows personal service on the incarcerated person.

Mail or commercial courier: URCP 4(d)(2)

The summons and complaint can be sent by mail or commercial courier service in any state or federal judicial district, if the defendant signs a receipt. For a business or government entity, an authorized agent must sign. Service is complete on the date the receipt is signed. This method can't be used for children under 14 or incapacitated people.

Acceptance of service: URCP 4(d)(3)

A defendant can accept service by signing an acknowledgment, and an attorney can accept for a client. Acceptance can be electronic if the proof shows the signature is the party's own and was given voluntarily, and that readable copies were received first. A request to accept service can't be deceptive or look like it comes from an official source.

Court-ordered other service: URCP 4(d)(5)

If the defendant can't be identified or located with reasonable diligence, serving every party is impracticable, or there's good cause to believe the defendant is avoiding service, a party can ask the court for another method. The motion needs an affidavit or declaration describing the efforts made. The court can order service by publication, by mail, by other means, or a combination. The order sets when service is complete. Unless service is by publication, a copy of the order must be served with the papers. See What is service by publication?

Service in another country: URCP 4(d)(4)

Service abroad can be made by an internationally agreed method, such as the Hague Service Convention, by the foreign country's own rules, or by another method the court directs.

Serving businesses and other entities

URCP 4(d)(1)(E) to (I) set who can receive service:

• Corporations, LLCs, partnerships and associations: An officer, a managing or general agent, or another agent authorized by appointment or by law to receive service. If the agent is a statutory agent and the statute requires it, a copy must also be mailed to the defendant. If no officer or agent can be found in Utah, serve the person in charge of any office or place of business. Registered agents are listed with the Utah Division of Corporations.
• Cities and towns: The recorder.
• Counties: The county clerk.
• School districts and boards of education: The superintendent or business administrator.
• Irrigation or drainage districts: The president or secretary of the board.
• State of Utah: The attorney general and any other person or agency required by statute.
• State departments, agencies, boards and commissions: A member of the governing board, or its executive employee or secretary.

Serving a subpoena in Utah

A subpoena is served on the person named using one of the methods in Rule 4(d). If the subpoena requires the person to testify at a trial, hearing or deposition, the party must also provide one day's witness fee and mileage, calculated under Utah Code § 78B-1-119. A person asked to produce documents must get at least 14 days to comply (URCP 45(e)(2)). Other parties must get a copy of the subpoena before it's served, unless it only requires a witness to appear in court (URCP 45(b)(3)). See the Utah Courts subpoena guide.

Proof of service: URCP 4(e)

The person serving the papers must file proof of service stating the date, place and manner of service, with a copy of the summons. If the server isn't an attorney, sheriff, constable, U.S. Marshal or a deputy of one of them, the proof must be an affidavit or an unsworn declaration under Utah Code Title 78B, Chapter 18a. A declaration under penalty of perjury doesn't need a notary.

Proof of mail service in another country must include a signed receipt or other evidence of delivery the court accepts. Not filing proof of service doesn't make the service invalid.

Hire a Utah process server

Find agencies across the state in our Utah process server directory.

More Utah resources

• Become a Process Server in Utah
• Courts in Utah
• Utah Rules of Civil Procedure (Utah State Courts)
• Amendments to URCP 4 (Utah State Courts)
• Subpoena guide (Utah State Courts)

This page is a general overview of Utah law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.