31A-2-310. Procedure for service of process through state officer.
(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 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)(b).
(2) (a) The commissioner and the lieutenant governor shall give receipts for and keep
records of all process served through them.
(b) The commissioner or the lieutenant governor shall immediately send by certified mail
one copy of the process received to the person to be served at that person's last known principal
place of business, residence, or post-office address. The commissioner or the lieutenant governor
shall retain the other copy for his files.
(c) No plaintiff or complainant may take a judgment by default in any 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)(b).
(3) Proof of service shall be evidenced by a certificate by the official designated in
Section 31A-2-309, showing service made upon him and mailing by him, and attached to a copy
of the process presented to him for that purpose.
(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 20, 1995 General Session
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Last revised: Thursday, May 28, 2009