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

346 words·~2 min read·/ut/title-31a/chapter-2/31a-2-310

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Service upon the commissioner or lieutenant governor under Section 31A-2-309 is service on the principal, if:

(a)two copies of the process to be served and the required processing fee are delivered personally or to the office of the official designated in Section 31A-2-309 ; and

(b)that official mails a copy of the process to the person to be served according to Subsection (2)(c)(i) .

(a)Upon request, the commissioner or the lieutenant governor shall give a receipt for all process served through the commissioner or the lieutenant governor.

(b)The commissioner or the lieutenant governor shall keep a record of process served through the commissioner or the lieutenant governor.

(i)The commissioner or the lieutenant governor shall send by certified mail a copy of the process the commissioner or the lieutenant governor receives to the person to be served at that person's last known principal place of business, residence, or post-office address.

(ii)The commissioner or the lieutenant governor shall retain a copy of the process in a file.

(d)No plaintiff or complainant may take a judgment by default in a proceeding in which process is served under this section and Section 31A-2-309 until the expiration of 40 days from the date of service of process under Subsection (2)(c)(i) .

(a)The official designated in Section 31A-2-309 shall evidence proof of service by a certificate:

(i)showing service made upon the official and mailing by the official; and

(ii)that is attached to a copy of the process presented to the official for that purpose.

(b)A person seeking evidence of proof of service shall:

(i)prepare the certificate described in Subsection (3)(a) ; and

(ii)obtain the signature of the official designated in Section 31A-2-309 .

(4)When process is served under this section, the words "twenty days" in the first sentence of Rule 12(a) of the Utah Rules of Civil Procedure shall be changed to read "forty days."

Amended by Chapter 45 , 2026 General Session