Salt Lake Utah Notice - served with Complaint and Summons
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FAQ
When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.
HOW IS A SUMMON SERVED. Every summon shall be served by a police officer, or by an officer of the court issuing, it or any other public servant. The summon shall, if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
If you know nothing more than the individual defendant's post office box, you'll need to get a street address in order to serve the person. To do this, you must give the post office a written statement saying that you need the address solely to serve legal papers in a pending lawsuit.
A summons must be served at least 7 days before the court date if it is served by personal delivery, or 21 days before the court date if it is served by postal delivery. If a summons has not been correctly served, you are not obliged to appear in court in response to it.
Make sure service by mail is allowed before you use this method to serve your papers. For service by mail: The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address.
Complaints must be served on defendants. This lets defendants know that they are being sued and why. See Federal Rules of Civil Procedure, particularly Rules 3, 7, 8, and 10.
Documents can be mailed to the other party using the U.S. Postal Service or a commercial courier service such as FedEx or UPS. The documents must be sent by a method that requires the respondent to sign for the delivery. The document is not properly served if someone other than the respondent signs for the delivery.
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 by 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.
(1) A subpoena may be served by any person who is at least 18 years of age and not a party to the case. Service of a subpoena upon the person to whom it is directed shall be made as provided in Rule 4(d).
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 requires the person to answer the complaint or petition within a certain amount of time, or attend a court hearing on a certain day and time.