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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-12a-1 Short title.
This chapter is known as the "Process Server Act."
1990
78-12a-2 Process servers.
(1) Persons who are not peace officers, constables, sheriffs, or lawfully appointed deputies of such officers, or authorized state investigators may not serve any forms of civil or criminal process other than complaints, summonses, and subpoenas.
(2) The following persons may serve all process issued by the courts of this state except as otherwise limited by Subsection (1):
(a) a peace officer employed by any political subdivision of the state acting within the scope and jurisdiction of his employment;
(b) a sheriff or appointed deputy sheriff employed by any county of the state;
(c) a constable serving in compliance with applicable law;
(d) an investigator employed by the state and authorized by law to serve civil process.
(3) Private investigators licensed in accordance with Title 53, Chapter 9, Private Investigator Regulation Act, may only serve the following forms of process:
(a) petitions;
(b) complaints;
(c) summonses;
(d) supplemental orders;
(e) orders to show cause;
(f) notices;
(g) small claims affidavits;
(h) small claims orders;
(i) writs of garnishment;
(j) garnishee orders; and
(k) subpoenas duces tecum.
(4) Other persons may serve process as prescribed by Subsection (1).
(5) A person serving process shall legibly document the
date and time of service and his name and address on the
return of service.
2003
78-12a-3 Recoverable rates.
If the rates charged by private process servers exceed
the rates established by law for service of process by persons
under Subsection
78-12a-2
(1), the excess charge may be recovered as
costs of an action only if the court determines the service
and charge were justifiable under the circumstances.
1990
78-12a-4 Violations of service of process authority.
(1) It is a class A misdemeanor for a person serving process to falsify a return of service.
(2) It is a class C misdemeanor for a person to bill falsely
for process service.
1990
