Affidavit of Service / Proof of Service

AFFIDAVIT OF SERVICE

IN THE [____] JUDICIAL DISTRICT COURT

IN AND FOR [________________________________] COUNTY, STATE OF UTAH

[________________________________],

Plaintiff,

v. Case No. [________________________________]

Judge [________________________________]

[________________________________],

Defendant.

AFFIDAVIT OF SERVICE (PROOF OF SERVICE)

I. IDENTIFICATION OF SERVER

I, [________________________________] ("Affiant" or "Server"), being first duly sworn or affirming under penalty of law, state the following:

1. I am at least eighteen (18) years of age and am not a party to the above-captioned action. I am competent to testify to the matters stated in this Affidavit.

2. My current address is:

Street: [________________________________]

City: [________________________________] State: [____] ZIP: [____]

3. My telephone number is: [________________________________]

4. My email address is: [________________________________]

5. Status of Server (check one):

☐ Private individual (non-professional) authorized under URCP 4(c)(1) (any person 18 years of age or older at the time of service who is not a party to the action and not a party's attorney)

☐ Licensed private investigator — Utah License No. [________________________________]

☐ Registered process server — Registration No. [________________________________]

☐ Sheriff or Deputy Sheriff — Badge/ID No. [________________________________]

☐ Constable — Commission No. [________________________________]

☐ Other authorized person: [________________________________]

6. Pursuant to URCP 4(c)(1), I am authorized to serve process in this matter because I am not a party to this action, I am not the attorney for any party, and I am at least 18 years old at the time service was effected.

II. DOCUMENTS SERVED

7. The following documents were served upon the party identified below (check all that apply):

☐ Summons

☐ Complaint

☐ Amended Complaint

☐ Counterclaim

☐ Cross-Claim

☐ Third-Party Complaint

☐ Motion: [________________________________]

☐ Order to Show Cause

☐ Subpoena

☐ Subpoena Duces Tecum

☐ Writ of Execution

☐ Writ of Garnishment

☐ Petition: [________________________________]

☐ Notice of Hearing

☐ Temporary Restraining Order / Protective Order

☐ Other: [________________________________]

8. Total number of pages served (including all exhibits and attachments): [____]

III. PERSON TO BE SERVED

9. The documents listed in Section II were directed to the following party or person:

Name: [________________________________]

Party designation: ☐ Defendant ☐ Respondent ☐ Third-Party Defendant ☐ Garnishee ☐ Other: [________________________________]

Known address of party: [________________________________]

IV. METHOD OF SERVICE

10. I served the documents identified in Section II by the following method (check one and complete the applicable subsection):

A. ☐ Personal Service — URCP 4(d)(1)(A)

11. On [__/__/____] at [____] ☐ a.m. ☐ p.m., I personally delivered a copy of the documents to the individual named in Section III at the following location:

Address: [________________________________]

City: [________________________________] State: [____] ZIP: [____]

12. Manner of identification of the person served (check all that apply):

☐ The person identified themselves by name

☐ I recognized the person from prior contact or description

☐ The person was identified by a third party present at the location

☐ The person presented government-issued photo identification

☐ Other: [________________________________]

13. The person served:

☐ Accepted the documents voluntarily

☐ Refused to accept the documents; I informed the person of the nature of the documents and left them in the person's presence (service deemed complete under URCP 4(d)(1)(A))

B. ☐ Substitute (Abode) Service — URCP 4(d)(1)(B)

14. After exercising reasonable diligence to effect personal service, I was unable to personally serve the named party. On [__/__/____] at [____] ☐ a.m. ☐ p.m., I left a copy of the documents at the usual place of abode of the party to be served with a person of suitable age and discretion then residing therein.

15. Address of the usual place of abode:

[________________________________]

16. Person with whom the documents were left:

Name: [________________________________]

Apparent age: [____]

Relationship to party (if known): [________________________________]

17. Description of person with whom documents were left:

Gender: [________________________________]

Approximate height: [____] Approximate weight: [____]

Hair color: [________________________________] Skin tone: [________________________________]

Other identifying features: [________________________________]

18. After leaving the documents at the abode, I also (check one):

☐ Mailed a copy of the documents to the party at the abode address by first-class mail on [__/__/____], as required by URCP 4(d)(1)(B)

☐ Other compliance step: [________________________________]

C. ☐ Service Upon an Agent — URCP 4(d)(1)(C)

19. On [__/__/____] at [____] ☐ a.m. ☐ p.m., I delivered a copy of the documents to an agent authorized by appointment or by law to receive service of process on behalf of the party.

Name of agent: [________________________________]

Agent's address: [________________________________]

Basis for agent authority:

☐ Written appointment or designation on file

☐ Statutory agent (e.g., registered agent for a business entity)

☐ Other: [________________________________]

D. ☐ Service by Mail — URCP 4(d)(2)

20. On [__/__/____], I deposited a copy of the documents in the United States mail, postage prepaid, addressed to the party to be served at:

[________________________________]

21. Method of mailing (check one):

☐ Certified mail, return receipt requested — Tracking No. [________________________________]

☐ Commercial courier service — Tracking No. [________________________________]

22. Delivery was:

☐ Confirmed — return receipt / delivery confirmation signed by addressee on [__/__/____] (attached as Exhibit A)

☐ Confirmed — return receipt / delivery confirmation signed by agent of addressee on [__/__/____] (attached as Exhibit A)

☐ Not confirmed — documents were returned undelivered (specify reason): [________________________________]

E. ☐ Service by Acceptance / Waiver — URCP 4(d)(3)

23. The party to be served (or the party's attorney) executed a voluntary written acceptance of service dated [__/__/____].

24. A copy of the signed Acceptance of Service is attached as Exhibit [____].

F. ☐ Service by Publication — URCP 4(d)(4)

25. Service by publication was authorized by court order entered on [__/__/____] by Judge [________________________________].

26. Publication details:

Newspaper name: [________________________________]

Dates of publication: [________________________________]

Number of publications: [____] (minimum three successive weeks required)

27. Proof of publication (publisher's affidavit) is attached as Exhibit [____].

28. In addition to publication, a copy of the summons and complaint was mailed to the party's last known address on [__/__/____]: [________________________________]

G. ☐ Alternative Service (Court-Ordered) — URCP 4(d)(5)

29. The court entered an order authorizing alternative service on [__/__/____].

30. The order was entered by Judge [________________________________] and is attached as Exhibit [____].

31. Alternative method(s) authorized and used (check all that apply):

☐ Email to: [________________________________] on [__/__/____]

☐ Text message to: [________________________________] on [__/__/____]

☐ Social media platform: [________________________________] on [__/__/____]

☐ Posting at: [________________________________] on [__/__/____]

☐ Other: [________________________________] on [__/__/____]

32. Proof of completion of alternative service is attached as Exhibit [____].

V. SERVICE UPON SPECIFIC ENTITY TYPES

33. If the party served is an entity rather than an individual, indicate the type and person served (check one if applicable):

☐ Corporation (domestic or foreign) — URCP 4(d)(1)(E): Served upon an officer, managing agent, general agent, or agent authorized by appointment or by law. Name and title of person served: [________________________________]

☐ Limited Liability Company — Served upon a member, manager, or registered agent. Name and title of person served: [________________________________]

☐ Partnership — Served upon a general partner or managing agent. Name and title of person served: [________________________________]

☐ State of Utah — URCP 4(d)(1)(G): Served upon the Attorney General or designee at [________________________________]

☐ Political Subdivision of Utah — URCP 4(d)(1)(H): Served upon the governing body's executive or clerk at [________________________________]

☐ Minor — URCP 4(d)(1)(I): Served upon the minor's parent, guardian, or person having custody

☐ Incapacitated Person — URCP 4(d)(1)(J): Served upon the guardian, conservator, or person having care and custody

☐ Not applicable — party served is an individual

VI. DUE DILIGENCE (Complete if Personal Service Was Not Achieved)

34. If substitute, publication, or alternative service was used, describe all attempts at personal service and the due diligence exercised:

35. Additional steps taken to locate the party (check all that apply):

☐ Checked public records (property, voter registration, court records)

☐ Contacted neighbors or known associates

☐ Searched online databases or social media

☐ Confirmed employment address

☐ Contacted last known landlord or property manager

☐ Skip tracing or professional locate service used

☐ Other: [________________________________]

VII. TIMELINESS OF SERVICE

36. The complaint in this action was filed on [__/__/____].

37. Service was completed on [__/__/____], which is within 120 days of the filing of the complaint, as required by URCP 4(b)(i).

☐ Check here if service was completed beyond 120 days. An extension order was obtained on [__/__/____] pursuant to URCP 4(b)(ii) and Rule 6(b). A copy of the extension order is attached as Exhibit [____].

VIII. FEES AND COSTS

38. Service fees incurred:

IX. DECLARATION AND VERIFICATION

I, [________________________________], declare under criminal penalty of the State of Utah pursuant to Utah Code Title 78B, Chapter 18a (Uniform Unsworn Declarations Act) that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

☐ Check here if this Affidavit is executed as an unsworn declaration under Utah Code Section 78B-18a-106 in lieu of a notarized affidavit.

☐ Check here if this Affidavit is executed as a sworn and notarized affidavit (see notarization block below).

Executed on [__/__/____] at [________________________________], Utah.

Signature: _______________________________________________

Printed Name: [________________________________]

X. NOTARIZATION (If Sworn Affidavit Rather Than Unsworn Declaration)

STATE OF UTAH )
) ss.
COUNTY OF [________________________________] )

On this [____] day of [________________________________], 20[____], before me, the undersigned notary public, personally appeared [________________________________], proved to me through satisfactory evidence of identification to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she/they executed the same voluntarily and for the purposes therein stated.

Signature of Notary: _______________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Notary Commission Number: [________________________________]

[NOTARY SEAL]

XI. ATTACHMENTS AND EXHIBITS

The following exhibits are attached to and incorporated by reference into this Affidavit (check all that apply):

☐ Exhibit A — Return receipt, delivery confirmation, or tracking documentation

☐ Exhibit B — Signed acceptance or waiver of service

☐ Exhibit C — Court order authorizing alternative or substitute service

☐ Exhibit D — Proof of completion of alternative service (screenshots, confirmation emails, etc.)

☐ Exhibit E — Publisher's affidavit of publication

☐ Exhibit F — Log of prior service attempts (detailed)

☐ Exhibit G — Copy of documents served

☐ Exhibit H — Other: [________________________________]

XII. FILING INSTRUCTIONS AND PRACTICE NOTES

Filing Requirements under URCP 4(e):

1. The person effecting service must file proof of service with the court stating the date, place, and manner of service, including a copy of the summons.

2. If service is made by a person other than an attorney, a sheriff, a constable, a United States Marshal, or their deputies, the proof of service must be made by affidavit or by unsworn declaration as described in Utah Code Title 78B, Chapter 18a (Uniform Unsworn Declarations Act).

3. Failure to file proof of service does not affect the validity of the service itself. The court may allow proof of service to be amended at any time.

4. File through the Utah Courts e-filing system. Select the appropriate document type ("Proof of Service" or "Affidavit of Service").

5. Serve a copy of the filed proof of service on all counsel of record pursuant to URCP 5(b).

Important Utah-Specific Considerations:

• 120-Day Service Deadline: Under URCP 4(b)(i), the summons and complaint must be served within 120 days after the complaint is filed. If service is not timely made, the action may be dismissed without prejudice upon motion or upon the court's own initiative after notice to the plaintiff.

• Unsworn Declaration Option: Utah Code Title 78B, Chapter 18a permits an unsworn declaration under criminal penalty in lieu of a notarized affidavit. The prior statute (former Section 78B-5-705) was repealed effective May 8, 2018, and replaced by Chapter 18a.

• Redaction Requirements: Under Utah Rules of Judicial Administration Rule 4-202.02, certain personal identifiers must be redacted from court filings, including all but the last four digits of Social Security numbers and financial account numbers.

• Discovery Tier Considerations: Utah uses a tiered discovery system under URCP 26(c). The discovery tier does not affect service requirements but may affect subsequent scheduling.

• E-Filing: All documents must be filed electronically through the Utah Courts e-filing system unless the filer has been granted an exemption.

Sources and References

• Utah Rules of Civil Procedure, Rule 4 (Process): https://legacy.utcourts.gov/rules/view.php?type=urcp&rule=4
• Utah Code Title 78B, Chapter 18a (Uniform Unsworn Declarations Act): https://le.utah.gov/xcode/Title78B/Chapter18A/C78B-18a_2018050820180508.pdf
• Utah Rules of Judicial Administration, Rule 4-202 (Records Classification): https://legacy.utcourts.gov/rules/view.php?type=urja&rule=4-202
• Utah Courts E-Filing Information: https://www.utcourts.gov/efiling/
• Utah Rules of Civil Procedure, Rule 5 (Service and Filing of Pleadings and Other Papers): https://legacy.utcourts.gov/rules/view.php?type=urcp&rule=5