31A-2-310 - Procedure for service of process through state officer. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-02 > 31a-2-310

31A-2-310. Procedure for service of process through state officer.
(1) Service upon the commissioner or lieutenant governor under Section 31A-2-309 isservice on the principal, if:
(a) two copies of the process are delivered personally or to the office of the officialdesignated in Section 31A-2-309, and
(b) that official mails a copy of the process to the person to be served according toSubsection (2)(b).
(2) (a) The commissioner and the lieutenant governor shall give receipts for and keeprecords of all process served through them.
(b) The commissioner or the lieutenant governor shall immediately send by certified mailone copy of the process received to the person to be served at that person's last known principalplace of business, residence, or post-office address. The commissioner or the lieutenant governorshall retain the other copy for his files.
(c) No plaintiff or complainant may take a judgment by default in any proceeding inwhich process is served under this section and Section 31A-2-309 until the expiration of 40 daysfrom the date of service of process under Subsection (2)(b).
(3) Proof of service shall be evidenced by a certificate by the official designated inSection 31A-2-309, showing service made upon him and mailing by him, and attached to a copyof the process presented to him for that purpose.
(4) When process is served under this section, the words "twenty days" in the firstsentence of Rule 12(a) of the Utah Rules of Civil Procedure shall be changed to read "fortydays."

Amended by Chapter 20, 1995 General Session

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-02 > 31a-2-310

31A-2-310. Procedure for service of process through state officer.
(1) Service upon the commissioner or lieutenant governor under Section 31A-2-309 isservice on the principal, if:
(a) two copies of the process are delivered personally or to the office of the officialdesignated in Section 31A-2-309, and
(b) that official mails a copy of the process to the person to be served according toSubsection (2)(b).
(2) (a) The commissioner and the lieutenant governor shall give receipts for and keeprecords of all process served through them.
(b) The commissioner or the lieutenant governor shall immediately send by certified mailone copy of the process received to the person to be served at that person's last known principalplace of business, residence, or post-office address. The commissioner or the lieutenant governorshall retain the other copy for his files.
(c) No plaintiff or complainant may take a judgment by default in any proceeding inwhich process is served under this section and Section 31A-2-309 until the expiration of 40 daysfrom the date of service of process under Subsection (2)(b).
(3) Proof of service shall be evidenced by a certificate by the official designated inSection 31A-2-309, showing service made upon him and mailing by him, and attached to a copyof the process presented to him for that purpose.
(4) When process is served under this section, the words "twenty days" in the firstsentence of Rule 12(a) of the Utah Rules of Civil Procedure shall be changed to read "fortydays."

Amended by Chapter 20, 1995 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-02 > 31a-2-310

31A-2-310. Procedure for service of process through state officer.
(1) Service upon the commissioner or lieutenant governor under Section 31A-2-309 isservice on the principal, if:
(a) two copies of the process are delivered personally or to the office of the officialdesignated in Section 31A-2-309, and
(b) that official mails a copy of the process to the person to be served according toSubsection (2)(b).
(2) (a) The commissioner and the lieutenant governor shall give receipts for and keeprecords of all process served through them.
(b) The commissioner or the lieutenant governor shall immediately send by certified mailone copy of the process received to the person to be served at that person's last known principalplace of business, residence, or post-office address. The commissioner or the lieutenant governorshall retain the other copy for his files.
(c) No plaintiff or complainant may take a judgment by default in any proceeding inwhich process is served under this section and Section 31A-2-309 until the expiration of 40 daysfrom the date of service of process under Subsection (2)(b).
(3) Proof of service shall be evidenced by a certificate by the official designated inSection 31A-2-309, showing service made upon him and mailing by him, and attached to a copyof the process presented to him for that purpose.
(4) When process is served under this section, the words "twenty days" in the firstsentence of Rule 12(a) of the Utah Rules of Civil Procedure shall be changed to read "fortydays."

Amended by Chapter 20, 1995 General Session