78B-8-302 - Process servers.
78B-8-302. Process servers.
(1) Complaints, summonses, and subpoenas may be served by any person 18 years of ageor older at the time of service, and who is not a party to the action or a party's attorney.
(2) The following persons may serve all process issued by the courts of this state:
(a) a peace officer employed by any political subdivision of the state acting within thescope and jurisdiction of his employment;
(b) a sheriff or appointed deputy sheriff employed by any county of the state;
(c) a constable, or the constable's deputy, serving in compliance with applicable law; and
(d) an investigator employed by the state and authorized by law to serve civil process.
(3) Private investigators licensed in accordance with Title 53, Chapter 9, PrivateInvestigator Regulation Act, may only serve the following forms of process:
(a) petitions;
(b) complaints;
(c) summonses;
(d) supplemental orders;
(e) orders to show cause;
(f) notices;
(g) small claims affidavits;
(h) small claims orders;
(i) writs of garnishment;
(j) garnishee orders; and
(k) subpoenas duces tecum.
(4) Other persons may serve process as prescribed by Subsection (1).
(5) A person serving process shall legibly document the date and time of service and hisname and address on the return of service.
Renumbered and Amended by Chapter 3, 2008 General Session