Effective 5/8/2018
78B-8-302. Process servers.
78B-8-302. Process servers.
- (1) Complaints, summonses, and subpoenas may be served by a person who is:
- (a) 18 years of age or older at the time of service; and
- (b) not a party to the action or a party’s attorney.
- (2) Except as provided in Subsection (5), the following may serve all process issued by the courts of this state:
- (a) a peace officer employed by a political subdivision of the state acting within the scope and jurisdiction of the peace officer’s employment;
- (b) a sheriff or appointed deputy sheriff employed by a county of the state;
- (c) a constable, or the constable’s deputy, serving in compliance with applicable law;
- (d) an investigator employed by the state and authorized by law to serve civil process; and
- (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private Investigator Regulation Act.
- (3) A private investigator licensed in accordance with Title 53, Chapter 9, Private Investigator Regulation Act, may not make an arrest pursuant to a bench warrant.
- (4) While serving process, a private investigator shall:
- (a) have on the investigator’s person a visible form of credentials and identification identifying:
- (i) the investigator’s name;
- (ii) that the investigator is a licensed private investigator; and
- (iii) the name and address of the agency employing the investigator or, if the investigator is self-employed, the address of the investigator’s place of business;
- (b) verbally communicate to the person being served that the investigator is acting as a process server; and
- (c) print on the first page of each document served:
- (i) the investigator’s name and identification number as a private investigator; and
- (ii) the address and phone number for the investigator’s place of business.
- (a) have on the investigator’s person a visible form of credentials and identification identifying:
- (5) Any service under this section when the use of force is authorized on the face of the document, or when a breach of the peace is imminent or likely under the totality of the circumstances, may only be served by:
- (a) a law enforcement officer, as defined in Section 53-13-103; or
- (b) a constable, as listed in Subsection 53-13-105(1)(b)(ii).
- (6) The following may not serve process issued by a court:
- (a) a person convicted of a felony violation of an offense listed in Subsection 77-41-102(17); or
- (b) a person who is a respondent in a proceeding described in Title 78B, Chapter 7, Protective Orders and Stalking Injunctions, in which a court has granted the petitioner a protective order.
- (7) A person serving process shall:
- (a) legibly document the date and time of service on the front page of the document being served;
- (b) legibly print the process server’s name, address, and telephone number on the return of service;
- (c) sign the return of service in substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act;
- (d) if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the badge number of the process server on the return of service; and
- (e) if the process server is a private investigator, legibly print the private investigator’s identification number on the return of service.
Amended by Chapter 298, 2018 General Session