78B-8-302. Process servers.
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/ut/title-78b/chapter-8/78b-8-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 9/1/2026
78B-8-302. Process servers.
(1)As used in this section:
(a)"Private investigator agent" means the same as that term is defined in Section 58-92-101 .
(b)"Private investigator apprentice" means the same as that term is defined in Section 58-92-101 .
(c)"Private investigator registrant" means the same as that term is defined in Section 58-92-101 .
(2)A complaint, a summons, or a subpoena may be served by an individual who is:
(a)18 years old or older at the time of service; and
(b)not a party to the action or a party's attorney.
(3)Except as provided in Subsection (6), the following may serve all process issued by the courts of this state:
(a)a peace officer employed by a political subdivision of the state acting within the scope and jurisdiction of the peace officer's employment;
(b)a sheriff or appointed deputy sheriff employed by a county of the state;
(c)a constable, or the constable's deputy:
(i)serving in compliance with applicable law; and
(ii)beginning January 1, 2027, who is licensed in accordance with Title 58, Chapter 91, Constables Licensing Act;
(d)an investigator employed by the state and authorized by law to serve civil process; or
(e)a private investigator agent, private investigator registrant, or private investigator apprentice licensed in accordance with Title 58, Chapter 92, Private Investigation Licensing Act.
(4)A private investigator agent, private investigator registrant, or private investigator apprentice licensed in accordance with Title 58, Chapter 92, Private Investigation Licensing Act, may not make an arrest pursuant to a bench warrant.
(5)While serving process, a private investigator agent, private investigator registrant, or private investigator apprentice shall:
(a)verbally communicate to the person being served that the investigator is acting as a process server; and
(b)print on the first page of each document served the private investigator agent's, private investigator registrant's, or private investigator apprentice's name and license number as a private investigator agent, private investigator registrant, or private investigator apprentice.
(6)The following may only serve process under this section when the use of force is authorized on the face of the document, or when a breach of the peace is imminent or likely under the totality of the circumstances:
(a)a law enforcement officer, as defined in Section 53-13-103 ; or
(b)a special function officer, as defined in Section 53-13-105 , who is:
(i)employed as an appointed deputy sheriff by a county of the state; or
(ii)a constable who holds a contract with:
(A)a municipality as described in Section 10-7-87 ; or
(B)a county as described in Title 17, Chapter 78, Part 6, Constables.
(7)The following may not serve process issued by a court:
(a)an individual convicted of a felony violation of an offense that would result in the individual being a sex offender under Subsection 53-29-202(2)(b) ; or
(b)an individual who is a respondent in a proceeding described in Title 78B, Chapter 7, Protective Orders and Stalking Injunctions, in which a court has granted the petitioner a protective order.
(8)An individual serving process shall:
(a)legibly document the date and time of service on the front page of the document being served;
(b)legibly print the process server's name, address, and telephone number on the return of service;
(c)sign the return of service in substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act;
(d)if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the badge number of the process server on the return of service;
(e)if the process server is a constable, legibly print the following on the return of service:
(i)before January 1, 2027, the constable's name, identification as a constable, business phone number, and the city or county that appointed or contracts with the constable; or
(ii)on and after January 1, 2027, the information required in Section 58-91-601 ; and
(f)if the process server is a private investigator, legibly print the private investigator's identification number on the return of service.
Amended by Chapter 44 , 2026 General Session