Utah Civil Summons — Third Party is a legal document issued by a court in the state of Utah that orders a non-party (third party) to appear in court. The summons requires the third party to provide testimony or documents related to a civil lawsuit. There are three types of Utah Civil Summons — Third Party: 1) SubpoenDuckseCecumum, which requires the third party to appear in court and bring documents or other tangible evidence; 2) Subpoena Ad Testificandum, which requires the third party to appear in court and give testimony; and 3) Subpoena Ad Testificandum Ducks Cecum, which requires the third party to appear in court and give testimony and bring documents or other tangible evidence.
Utah Civil Summons - Third Party
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Civil Summons - Third Party
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FAQ
What is Third Party Defendant? A party who is sued by the original defendant and brought into the case on a theory of being responsible to the defendant for all or part of the claim made by the plaintiff.
Each interrogatory shall be answered separately and fully in writing under oath or affirmation, unless it is objected to. If an interrogatory is objected to, the party shall state the reasons for the objection. Any reason not stated is waived unless excused by the court for good cause.
(4) Failure to file proof of service does not affect the validity of the service. The court may allow proof of service to be amended. The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.
If an action is begun by seizing property and no person is or need be named as defendant, any service required before the filing of an answer, claim or appearance must be made upon the person who had custody or possession of the property when it was seized.
The third-party procedure enables liability between plaintiff and defendant, and defendant and third party to be determined concurrently, in the same proceeding. There can be no judgment against the third party until the court gives judgment against the defendant.
The summons and complaint may be served by the sheriff or constable or their deputy. Utah Process Service may also be done by a United States Marshal or their deputy or any other person eighteen years of age or older at the time of service, and not a party to the action or a party's attorney.
You can always ask the defendant or respondent to accept service. If they agree, you don't have to follow the requirements above - you can just give them the court papers by any method you both agree to use. The defendant or respondent must sign the Acceptance of Service and file it with the court.
You have 120 days from the initial filing to serve the papers. If you do not, the court might give you an extension, but they also have the right to dismiss the case as well.
