Utah Courts
URCP Rule 5 (Rules of Civil Procedure)
URCP Rule 5 (Rules of Civil Procedure)
Rule 5. Service and filing of pleadings and other papers.
(a) When service is required.
(1) Documents that must be served. Unless otherwise permitted by statute, rule, or court order, every document filed with the court after the original complaint must be served by the party filing it on every party to the case. Ex parte motions may be filed without serving if permitted under Rule 7.
(2) Serving parties in default. No service is required on a party who is in default except that:
(A) a party in default must be served as ordered by the court;
(B) a party in default for any reason other than for failure to file and serve a responsive pleading or otherwise appear must be served as provided in paragraph (a)(1);
(C) a party in default for any reason must be served with notice of any hearing to determine the amount of damages to be entered against the defaulting party;
(D) a party in default for any reason must be served with notice of entry of judgment as provided in Rule 58A and
(E) a party in default for any reason must be served as provided in Rule4 with pleadings asserting new or additional claims for relief against the party.
(3) Service in actions begun by seizing property. If an action is begun by seizing property and no person is or need be named as defendant, any service required before the filing of an answer, claim, or appearance must be made upon the person who had custody or possession of the property when it was seized.
(b) How service is made.
(1) Whom to serve. If a party is self-represented, service must be made upon the self-represented party. If a party is represented by an attorney, a document served under this rule must be served upon the attorney unless the court orders service upon the party. Service must be made upon the attorney and the party if:
(A) an attorney has filed a Notice of Limited Appearance as provided in Rule 75 and the documents being served relate to a matter within the scope of the Notice; or
(B) a final judgment has been entered in the action and more than 90 days has elapsed from the date a document was last served on the attorney.
(2) When to serve. If a hearing is scheduled seven days or less from the date of service, a party must serve a document related to the hearing by the method most likely to be promptly received. Otherwise, a document that is filed with the court must be served before or on the same day that it is filed.
(3) Methods of service. A document is served under this rule by:
(A)Electronic filing. Except in the juvenile court, a document is served by submitting it for electronic filing, or the court submitting it to the electronic filing service provider, if the person being served has an electronic filing account;
(B) Email. If the party serving or being served a document does not have an electronic filing account, emailing it to:
(i) the most recent email address the person being served has provided to the court as provided in Rule 10 or Rule 76; or
(ii) if service is to an attorney licensed in Utah, to the email address on the attorney’s most recent filing or on file with the Utah State Bar; or
(iii) if service is to an attorney not licensed in Utah, to the email address on the attorney’s most recent filing or on file with the attorney licensing entity in the state where the attorney is licensed.
(C) Mail and other methods. If the party serving or being served with a document does not have an electronic filing account or email, a document may be served under this paragraph by:
(i) mailing it to the most recent address the person being served has provided to the court as provided in Rule 10 or Rule 76, or, if none, the person’s last known address;
(ii) handing it to the person;
(iii) leaving it at the person’s office with a person in charge or, if no one is in charge, leaving it in a receptacle intended for receiving deliveries or in a conspicuous place;
(iv) leaving it at the person’s dwelling house or usual place of abode with a person of suitable age and discretion who resides there; or
(v) any other method agreed to in writing by the parties.
(4) When service is effective. Service by mail or electronic means is complete upon sending.
(5) Who serves. Unless otherwise directed by the court or these rules:
(A) every document required to be served must be served by the party preparing it, including subsequently signed orders and judgments; and
(B) every document initially prepared by the court must be served by the court;
(C) every document signed by the court that was initially prepared and filed by a party or attorney must be served on the other parties by the party or attorney who prepared it; and
(D) service under this rule does not alter the effectiveness of the document.
(c) Serving numerous defendants. If an action involves an unusually large number of defendants, the court, upon motion or its own initiative, may order that:
(1) a defendant’s pleadings and replies to those pleadings do not need to be served on the other defendants;
(2) any cross-claim, counterclaim avoidance, or affirmative defense in a defendant’s pleadings and replies to them are deemed denied or avoided by all other parties;
(3) filing a defendant’s pleadings and serving them on the plaintiff constitutes notice of them to all other parties; and
(4) a copy of the order must be served upon the parties.
(d) Certificate of service. No certificate of service is required when a document is served through an electronic filing account under paragraph (b)(3)(A). When a document that is required to be served is served by email, mail, or other methods of service:
(1) if the document is filed with the court, a certificate of service showing the date and method of service, including the email or mailing address used, unless safeguarded, must be filed with it or within a reasonable time after service; and
(2) if the document is not filed with the court, a certificate of service need not be filed unless filing is required by rule or court order.
(e) Filing. Except as provided in Rule7 and Rule26, all documents after the complaint that are required to be served must be filed with the court. Attorneys with an electronic filing account must file a document electronically. A self-represented party who is not an attorney may file a document with the court using any of the following methods:
(1) email;
(2) mail;
(3) the court’s MyCase interface, where applicable; or
(4) in person.
Filing is complete upon the earliest of acceptance by the electronic filing system or by the court.
(f) Filing an affidavit or declaration. If a person files an affidavit or declaration, the filer may:
(1) electronically file the original affidavit with a notary acknowledgment as provided by Utah Code section 46-1-16;
(2) electronically file a scanned image of the affidavit or declaration;
(3) electronically file the affidavit or declaration with a conformed signature; or
(4) if the filer does not have an electronic filing account, present the original affidavit or declaration to the court clerk, and the clerk will electronically file a scanned image and return the original to the filer.
The filer must keep an original affidavit or declaration of anyone other than the filer safe and available for inspection upon request until the action is concluded, including any appeal or until the time in which to appeal has expired.
Advisory Committee Notes
Under paragraph (b)(3)(A), electronically filing a document has the effect of serving the document on parties who have an e‑filing account. (Attorneys representing parties in the district court are required to have an account and electronically file documents. Code of Judicial Administration Rule 4‑503.) The 2015 amendment excepts from this provision documents electronically filed in juvenile court.
Although electronic filing in the juvenile court presents to the parties the documents that have been filed, the juvenile court e‑filing application (CARE), unlike that in the district court, does not deliver an email alerting the party to that fact. The Board of Juvenile Court Judges and the Advisory Committee on the Rules of Juvenile Procedure believe this difference renders electronic filing alone insufficient notice of a document having been filed. So in the juvenile court, a party electronically filing a document must serve that document by one of the other permitted methods.
Note adopted 2015
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