S.B. 210

This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 14, 2012 at 8:53 AM by khelgesen. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 1, 2012 at 10:36 AM by khelgesen. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 8, 2012 at 10:32 PM by jeyring. -->

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Senate Committee Amendments 2-14-2012 kh/ecm 1

PROCESS SERVER AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen H. Urquhart
5 House Sponsor: V. Lowry Snow
6
7 LONG TITLE
8 General Description:
9 This bill expands the types of process a person over the age of 18 is permitted to serve
10 and allows private investigators to serve all civil process.
11 Highlighted Provisions:
12 This bill:
13 . expands the types of process a person over the age of 18 is permitted to serve; and
14 . allows private investigators to serve all civil process.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78B-8-302, as renumbered and amended by Laws of Utah 2008, Chapter 3
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78B-8-302 is amended to read:
25 78B-8-302. Process servers.
26 (1) Complaints, summonses, S. [ supplemental orders, writs of garnishment, garnishee
27 orders, notices, ] .S and subpoenas may be served by any person 18 years of age or older at the time

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House Floor Amendments 3-8-2012 je/ecm

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Senate 2nd Reading Amendments 3-1-2012 kh/ecm 28

of service, and who is not a party to the action or a party's attorney.
29 (2) The following persons may serve all process issued by the courts of this state:
30 (a) a peace officer employed by any political subdivision of the state acting within the
31 scope and jurisdiction of [his] the peace officer's employment;
32 (b) a sheriff or appointed deputy sheriff employed by any county of the state;
33 (c) a constable, or the constable's deputy, serving in compliance with applicable law;
34 and
35 (d) an investigator employed by the state and authorized by law to serve civil process.
36 (3) Private investigators licensed in accordance with Title 53, Chapter 9, Private
37 Investigator Regulation Act, may [only] serve [the following forms of process:] all forms of
38 process in a civil proceeding S. , including bench warrants, however private investigators may
38a not arrest anyone pursuant to a bench warrant .S .
38b H. (a) While serving process, a private investigator shall:
38c (i) have on the investigator's person a visible form of credentials and identification
38d identifying:
38e (A) the person by name;
38f (B) the person as a licensed private investigator; and
38g (C) the name and address of the agency employing the investigator or, if the
38h investigator is self-employed, the address of the investigator's place of business.
38i (ii) verbally communicate to the person being served that the investigator is acting as a
38j process server; and
38k (iii) print on the first page of each document served:
38l (A) the investigator's name and identification as a private investigator; and
38m (B) the address and phone number for the investigator's place of business.
38n (b) A private investigator may not use physical force or cause a breach of the peace
38o while serving or attempting to serve process.
38p (c) A complaint regarding a private investigator serving process may be made to and
38q investigated by the Sheriff of the county where the incident being complained of occurred. If
38r the Sheriff determines the complaint is credible, the Sheriff may restrict or prohibit a licensed
38s private investigator from serving any or all types of process within the county. .H
39 [(a) petitions;]
40 [(b) complaints;]
41 [(c) summonses;]
42 [(d) supplemental orders;]

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House Floor Amendments 3-8-2012 je/ecm 43

[(e) orders to show cause;]
44 [(f) notices;]
45 [(g) small claims affidavits;]
46 [(h) small claims orders;]
47 [(i) writs of garnishment;]
48 [(j) garnishee orders; and]
49 [(k) subpoenas duces tecum.]
50 (4) Other persons may serve process as prescribed by Subsection (1).
51 (5) A person serving process shall legibly document the date and time of service and
52 [his] the person's name and address on the return of service.

Legislative Review Note
as of 2-9-12 6:17 AM

Office of Legislative Research and General Counsel