Process Service and Duty to the Court

Utah Code tit. 17, ch. 17-72, pt. 17-72-P7

in effect

Utah Code § 17-72-701 Process on behalf of state -- Fees.

17-72-701. Process on behalf of state -- Fees. (1) Except as specifically otherwise provided by law, the sheriff shall, without fee, serve and return all process in criminal cases to which the state is a party and that are lawfully issued by any court of the state. (2) (a) If the process issues from a court outside of the sheriff's county, the sheriff is entitled to the sheriff's actual expenses necessarily incurred. (b) The expenses shall be paid by the county where the process was issued. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-72-702 Process justifies sheriff's action -- Process to be exhibited.

17-72-702. Process justifies sheriff's action -- Process to be exhibited. (1) A sheriff is justified in the execution of, and shall execute, all process, writs, and orders issued by a competent authority. (2) The officer executing process shall then, and at all times subsequent as long as the officer retains it, upon request show the document for which the officer is executing process, with all papers attached, to any interested person. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-72-703 Return of process -- Prima facie evidence.

17-72-703. Return of process -- Prima facie evidence. (1) When process or notice is returnable, the sheriff may enclose such process or notice in an envelope addressed to the officer or person from whom the same emanated, and deposit it in the post office, prepaying the postage. (2) The return of the sheriff upon process or notice is prima facie evidence of the facts in such return stated. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-72-704 Failure or delay in making return on process -- Failure to levy execution -- Penalty.

17-72-704. Failure or delay in making return on process -- Failure to levy execution -- Penalty. (1) If a sheriff does not return without delay a process or notice in the sheriff's possession with the necessary endorsement thereon, the sheriff is liable to the party aggrieved for all damages sustained by the aggrieved party. (2) If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or the creditor's attorney, the fees having first been paid or tendered, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, the sheriff shall be liable to the creditor for the value of the property. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-72-705 Only written directions to sheriff binding.

17-72-705. Only written directions to sheriff binding. No direction by a party or the party's attorney to the sheriff in respect to the execution of process or the return thereof or to any act or omission relating thereto is available to discharge or excuse the sheriff from liability for neglect or misconduct, unless the direction is contained in a writing, signed by the attorney of the party or by the party if the party has no attorney. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-72-706 Service of papers, other than process, on sheriff -- Powers of successor.

17-72-706. Service of papers, other than process, on sheriff -- Powers of successor. (1) Service upon the sheriff of a paper other than process may be made by delivering it or a copy thereof to the sheriff or to one of the sheriff's deputies or to an individual in charge of the sheriff's office during office hours, or, if no such individual is there, by leaving it in a conspicuous place in the office. (2) When any process remains with the sheriff unexecuted, in whole or in part, at the time of the sheriff's death, resignation of office, or at the expiration of the sheriff's term, process shall be executed by the sheriff's successor in office. (3) When the sheriff sells real estate under and by virtue of an execution or order of court, the sheriff or the sheriff's successor in office shall execute and deliver to the purchaser all deeds and conveyances that are required by law and necessary for that purpose, and the deeds and conveyances shall be as valid in law as if they had been executed by the sheriff who made the sale. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-72-707 Crier of court.

17-72-707. Crier of court. The sheriff in attendance upon court shall, if required by the court: (1) act as crier for the court; (2) call the parties and witnesses and other persons bound to appear at the court; and (3) make proclamation of the opening and adjournment of court and of any other matter under the court's direction. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-72-708 Sheriff -- Assignment of court bailiffs -- Contract and costs.

17-72-708. Sheriff -- Assignment of court bailiffs -- Contract and costs. (1) The sheriff shall assign law enforcement officers or special function officers, as defined under Sections 53-13-103 and 53-13-105, to serve as court bailiffs and security officers in the courts of record and county justice courts as required by the rules of the Judicial Council. (2) (a) The state court administrator shall enter into a contract with the county sheriff for bailiffs and building security officers for the district and juvenile courts within the county. (b) A contract described in Subsection (2)(a) shall specify agreed upon services, service costs, and payment terms. (c) A contract described in Subsection (2)(a) may not exceed amounts appropriated by the Legislature for the purpose described in Subsection (2)(a). (d) The county shall assume costs related to security administration, supervision, travel, equipment, and training of bailiffs. (3) (a) If the court is located in the same facility as a state or local law enforcement agency and the county sheriff's office is not in close proximity to the court, the state court administrator, in consultation with the sheriff, may enter into a contract with the state or local law enforcement agency for bailiff and security services if the contract meets all other requirements of this section. (b) If bailiff and security services are provided by an agency other than the county sheriff's office, the county sheriff shall have no responsibility for the services under this section. Amended by Chapter 284, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter72/17-72-P7.html?v=C17-72-P7_2025110620251206Fetched: 10/26/2026