S.B. 266

1

PROCESS SERVERS - AGE RESTRICTIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jon J. Greiner
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill changes the minimum age requirement for serving process from 18 to 21.
10 Highlighted Provisions:
11 This bill:
12 . changes the age requirement for process servers from 18 to 21.
13 Monies Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 78B-8-302, as renumbered and amended by Laws of Utah 2008, Chapter 3
20
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 78B-8-302 is amended to read:
23 78B-8-302. Process servers.
24 (1) Complaints, summonses, and subpoenas may be served by any person [18] 21 years
25 of age or older at the time of service, and who is not a party to the action or a party's attorney.
26 (2) The following persons may serve all process issued by the courts of this state:
27 (a) a peace officer employed by any political subdivision of the state acting within the

28 scope and jurisdiction of his employment;
29 (b) a sheriff or appointed deputy sheriff employed by any county of the state;
30 (c) a constable, or the constable's deputy, serving in compliance with applicable law;
31 and
32 (d) an investigator employed by the state and authorized by law to serve civil process.
33 (3) Private investigators licensed in accordance with Title 53, Chapter 9, Private
34 Investigator Regulation Act, may only serve the following forms of process:
35 (a) petitions;
36 (b) complaints;
37 (c) summonses;
38 (d) supplemental orders;
39 (e) orders to show cause;
40 (f) notices;
41 (g) small claims affidavits;
42 (h) small claims orders;
43 (i) writs of garnishment;
44 (j) garnishee orders; and
45 (k) subpoenas duces tecum.
46 (4) Other persons may serve process as prescribed by Subsection (1).
47 (5) A person serving process shall legibly document the date and time of service and
48 his name and address on the return of service.




Legislative Review Note
as of 2-8-08 2:48 PM

Office of Legislative Research and General Counsel