17-22-1. “Process,” “notice,” defined. “Process” as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. “Notice” includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served […]
17-22-1.5. County sheriff qualifications. (1) Each person filing a declaration of candidacy for the office of county sheriff shall submit to the county clerk, at the time of filing a declaration of candidacy, a certificate issued by the Peace Officer Standards and Training Division created under Section 53-6-103 stating that the candidate has: (a) (i) […]
17-22-10. Prisoners under civil process. Whenever a person is committed upon process in a civil action or proceeding, except when the state is a party thereto, the sheriff is not bound to receive such person unless security is given on the part of the party at whose instance the process is issued, by deposit of […]
17-22-11. Return of process. When process or notice is returnable he may enclose such process or notice in an envelope addressed to the officer or person from whom the same emanated, and deposit it in the post office, prepaying the postage. No Change Since 1953
17-22-12. Return of process as prima facie evidence. The return of the sheriff upon process or notice is prima facie evidence of the facts in such return stated. No Change Since 1953
17-22-13. Failure or delay in making return on process — Penalty. If a sheriff does not return without delay a process or notice in his possession with the necessary endorsement thereon, he is liable to the party aggrieved for all damages sustained by him. No Change Since 1953
17-22-14. Failure to levy execution — Penalty. If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or his attorney, the fees having first been paid or tendered, to levy upon or sell any property of the party charged in the writ which is liable […]
17-22-15. Neglect or refusal to pay over money — Penalty. If he neglects or refuses to pay over on demand to the person entitled thereto any money which may come into his hands by virtue of his office, after deducting all legal fees, the amount thereof with 25% damages and interest at the rate of […]
17-22-16. Declaring office vacant. When the sheriff is committed for not paying over money received by him by virtue of his office and remains committed for 60 days his office is vacant. No Change Since 1953
17-22-17. Escapes — Sheriff’s liability. A sheriff who suffers the escape of a person arrested in a civil action, without the consent or connivance of the party in whose behalf the arrest or imprisonment is made, is liable as follows: (1) When the arrest is upon an order to hold to bail or upon a […]
17-22-18. Rescues — Sheriff’s liability. He is liable for the rescue of a person arrested in a civil action equally as for an escape. No Change Since 1953
17-22-19. Action for escape or rescue — Defenses. An action cannot be maintained against the sheriff for a rescue or for an escape of a person arrested upon an execution or commitment, if after his rescue or escape and before the commencement of the action the prisoner returns to the jail or is retaken by […]
Effective 9/1/2022 17-22-2. Sheriff — General duties. (1) The sheriff shall: (a) preserve the peace; (b) make all lawful arrests; (c) attend in person or by deputy the Supreme Court and the Court of Appeals when required or when the court is held within his county, all courts of record, and court commissioner and referee […]
Effective 5/8/2018 17-22-2.5. Fees of sheriff. (1) (a) The legislative body of a county may set a fee for a service described in this section and charged by the county sheriff: (i) in an ordinance adopted under Section 17-53-223; and (ii) in an amount reasonably related to, but not exceeding, the actual cost of providing […]
17-22-20. Only written directions to sheriff binding. No direction or authority by a party or his attorney to the sheriff in respect to the execution of process or the return thereof or to any act or omission relating thereto is available to discharge or excuse the sheriff from liability for neglect or misconduct, unless it […]
17-22-21. Process justifies sheriff’s action. A sheriff is justified in the execution of, and shall execute, all process, writs and orders regular on their face and issued by competent authority. Amended by Chapter 297, 2011 General Session
17-22-22. Process to be exhibited. The officer executing process shall then, and at all times subsequent as long as the officer retains it, upon request show the same, with all papers attached, to any interested person. Amended by Chapter 297, 2011 General Session
17-22-23. Crier of court. The sheriff in attendance upon court shall, if required by the court, act as crier for the court, call the parties and witnesses and other persons bound to appear at the court, and make proclamation of the opening and adjournment of court and of any other matter under its direction. Amended […]
17-22-24. Service of papers, other than process, on sheriff — Powers of successor. Service upon the sheriff of a paper other than process may be made by delivering it or a copy thereof to him or to one of his deputies or to a person in charge of his office during office hours, or, if […]
17-22-25. Service of process on sheriff — When constable to act. In cases where it appears in any court of record that the sheriff is a party, or where an affidavit is filed with the clerk of the court stating partiality, prejudice, consanguinity or interest on the part of the sheriff, the clerk of the […]
