H.B. 385

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 20, 2007 at 3:14 PM by jeyring. --> 1

PROCESS SERVER AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: LaWanna Lou Shurtliff
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill adds subpoenas to the list of documents that private investigators may serve
10 and makes it a class C misdemeanor to serve process without authority to do so.
11 Highlighted Provisions:
12 This bill:
13 . allows private investigators to serve subpoenas; and
14 . makes it a class C misdemeanor to serve court documents without authority.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78-12a-2, as last amended by Chapter 204, Laws of Utah 2003
22 78-12a-3, as enacted by Chapter 20, Laws of Utah 1990
23 78-12a-4, as enacted by Chapter 20, Laws of Utah 1990
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78-12a-2 is amended to read:
27 78-12a-2. Process servers.

28 (1) Persons who are not peace officers, constables, sheriffs, or lawfully appointed
29 deputies of such officers, or authorized state investigators, or licensed private investigators may
30 not serve any forms of civil or criminal process H. [ other than complaints, summonses, and
31 subpoenas ] .H .
32 (2) The following persons may serve all process issued by the courts of this state
33 except as otherwise limited by Subsection [(1)] (3):
34 (a) a peace officer employed by any political subdivision of the state acting within the
35 scope and jurisdiction of his employment;
36 (b) a sheriff or appointed deputy sheriff employed by any county of the state;
37 (c) a constable serving in compliance with applicable law;
38 (d) an investigator employed by the state and authorized by law to serve civil process.
39 (3) Private investigators licensed in accordance with Title 53, Chapter 9, Private
40 Investigator Regulation Act, may only serve the following forms of process:
41 (a) petitions;
42 (b) complaints;
43 (c) summonses;
44 (d) supplemental orders;
45 (e) orders to show cause;
46 (f) notices;
47 (g) small claims affidavits;
48 (h) small claims orders;
49 (i) writs of garnishment;
50 (j) garnishee orders; and
51 (k) subpoenas [duces tecum].
52 [(4) Other persons may serve process as prescribed by Subsection (1).]
53 [(5)] (4) A person serving process shall legibly document the date and time of service
54 and his name and address on the return of service.
55 Section 2. Section 78-12a-3 is amended to read:
56 78-12a-3. Recoverable rates.
57 If the rates charged by [private] authorized process servers exceed the rates established
58 by law for service of process by persons under Subsection 78-12a-2 (1), the excess charge may

59 be recovered as costs of an action only if the court determines the service and charge were
60 justifiable under the circumstances.
61 Section 3. Section 78-12a-4 is amended to read:
62 78-12a-4. Violations of service of process authority.
63 (1) It is a class A misdemeanor for a person serving process to falsify a return of
64 service.
65 (2) It is a class C misdemeanor for a person to bill falsely for process service.
66 (3) It is a class C misdemeanor for a person to serve process in the state when they are
67 not authorized to do so under Subsection 78-12a-2 (1).




Legislative Review Note
as of 1-29-07 2:53 PM

Office of Legislative Research and General Counsel