[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Court Name] [Court Address] [City, State, ZIP] Re: Request to Issue Summons by Publication Case Name: [Plaintiff Name] v. [Defendant Name] Case Number: [Case Number] Dear Clerk of the Court, I am writing to request the issuance of a Summons by Publication for the aforementioned case. Despite our diligent efforts to locate and serve the defendant, it has proven unsuccessful, and we believe that publishing a notice in accordance with Utah law is necessary to provide the defendant with notice of the pending legal proceedings. We have exhausted all traditional means of service, including personal service, certified mail, and attempts to contact the defendant at the provided address. All these efforts resulted in no response or the discovery that the defendant no longer resides at the address provided. As a result, we are seeking the court's approval to proceed with service by publication in compliance with Utah Code § 78B-5-208. This statute allows for service by publication when the defendant's whereabouts are unknown or their current address cannot be reasonably obtained. To ensure compliance with the applicable regulations, we have crafted the necessary summons by publication, which includes the relevant information as required by Utah law. The publication will be made in a newspaper of general circulation in the county where the action is pending, once a week for three consecutive weeks, with the first publication to occur within 14 days from the date of this request. If the court grants our request, please issue the Summons by Publication and provide us with specific instructions regarding the publication process, including any specially prescribed forms or publications the court may require. Attached you will find: 1. Proposed Summons by Publication 2. Affidavit of Due Diligence detailing our efforts to locate the defendant. 3. An attorney's verification statement attesting to the accuracy and completeness of the information provided. We kindly request that you process this request promptly, considering the time constraints associated with the pending legal proceedings. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title/Position, if applicable] [Your Law Firm/Company Name, if applicable]
Utah Sample Letter for Request to Issue Summons by Publication
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How to fill out Utah Sample Letter For Request To Issue Summons By Publication?
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FAQ
A summons is a notice served on a person to let them know that a complaint or petition has been filed against them.
The summons is a form created by the court which notifies the party that an action has been filed against him, her or it, notifies him, her or it of the need to appear, and is attached to the Complaint or Petition that is personally served upon the defendant at the beginning of the case.
Your answer must be in writing and must be filed (received) on time with the Clerk of Courts at the Courthouse of the County listed at the top of the Summons (For example, Duval County Courthouse, etc.).
A summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead. In other cases, the court will ask that you file an appearance or an answer.
In addition to filing the answer with the court, the defendant must deliver a copy of the answer to the other party (or their attorney, if they are represented by an attorney). The defendant can email, mail or hand deliver the answer. Utah Rule of Civil Procedure 5 governs the service of an answer.
Time to Respond The summons will say how many days the defendant has to respond. In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service.
How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
Papers can be served by a sheriff, a constable, a U.S. Marshal, or by any person 18 or older who is: not a party in the case or a lawyer for a party in the case, not been convicted of a felony violation of a sex offense listed in Utah Code section 77-41-102(16), or.
