The Washington County Sheriff’s Office provides service for all types of process related to criminal proceedings and some types of process related to civil proceedings. However, we cannot provide forms or legal advice for any civil process. Fees are charged and civil rules of services are followed, in accordance with Utah law. Deposits are required for some types of process. For additional information, click on the fees link below or contact the civil process division at (435)656-6500.
An Ex-Parte, Protective Order, or Stalking Injunction can be served by any law enforcement officer, at any time, upon the request of the petitioner. (UCA 78B-7-106) There is no fee to file or serve protective orders and stalking injunctions.
Some processes can be served by constables, private investigators or citizens. More information about who can serve what types of process can be found on the Utah Courts website.
The Utah online court assistance program provides information that answers frequently asked questions, along with links and forms to assist with obtaining the civil process paperwork to be served.
Visit the court website at http://utcourts.gov
Civil Process FAQs
Our mission is to serve court documents assigned to the Washington County Sheriff’s Office promptly, discreetly, and with as little disruption as possible. We understand that many individuals prefer not to be contacted at their home or workplace. To respect those preferences, deputies may attempt alternative methods of communication, including phone calls, text messages, or email.
We recognize that unexpected contact can sometimes feel suspicious. To help you feel confident that you are speaking with an authorized deputy, here are a few helpful tips to verify legitimacy.
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Official Identification — A deputy will always provide their full name and badge number upon request. You may ask for this information at any point during the interaction.
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Agency Contact Confirmation — If you have any doubt, you may call Sheriff’s Office Dispatch at (435)634‑5730 or the Sheriff’s Office at (435)656‑6500. Staff can quickly confirm whether the person contacting you is an actual deputy and whether civil process documents are assigned for service.
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Professional Communication — Deputies communicate respectfully and clearly. They will not pressure you, threaten you, or demand sensitive personal information.
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No Payment Requests — The Washington County Sheriff’s Office will never request payment by any means. If your court matter involves money owed, you will be directed to contact the court directly—preferably in person.
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Limited Information Sharing — Deputies may ask to confirm your identity, but they will not request Social Security numbers, bank information, or passwords.
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Clear Purpose — A legitimate deputy will explain that they are attempting to arrange service of court documents and will state the general nature of the contact.
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Uniform and Vehicle — Deputies may arrive in either a marked Sheriff’s vehicle or an unmarked vehicle. However, they will always be wearing an official variation of the Washington County Sheriff’s Office uniform.
In Utah, service of process is required to ensure that all parties in a legal matter receive proper notice of the case, which is a key part of due process under the U.S. Constitution and Utah law legalclarity.org.
Any person 18 or older who is not a party to the case and not the attorney for any party may serve process. This means you cannot serve your own documents. Common servicers include
- County Sheriff or Constable
- U.S. Marshal or deputy
- Licensed private process server
- Other non-party adults (less common)
You may be subpoenaed because you have information, records, or a connection to the case, not because you personally witnessed the event. If you’re unsure, contact the attorney listed on the document for clarification.
The Sheriff’s Office typically will not serve civil process for private cases. Some exceptions are listed below.
- If you have been issued a fee waiver, signed by a judge of the issuing court.
- The documents specifically state they will be served by a Sheriff.
- Writs of Restitution
- Writs of Execution
- Sheriff Sale
- We will serve process on individuals currently incarcerated at Purgatory Correctional Facility.
Some processes can be served by constables, private investigators or citizens. More information about who can serve what types of process can be found on the Utah Courts website.
Receiving court papers in the mail is not always enough to complete “service of process”. Courts require that the defendant be formally served so the case can proceed and you have a legal right to respond. The court requires a signed Proof of Service form showing who served the papers, when, and how.
There is also a possibility that information related to the case has changed. This may include the charges, the date and time of the hearing or the location of the court.
Legal Glossary
At its simplest, an affidavit is a written statement where someone swears under oath that the information they are providing is completely true.
Think of it as putting a person’s spoken courtroom testimony down on a piece of paper. Because it is signed under oath, lying in an affidavit carries the same legal penalties as lying on the witness stand (perjury).
In Utah, a valid affidavit generally requires three basic elements:
In Utah, a Criminal Complaint is the official document that formally starts a criminal case against someone. Think of it as the government’s official accusation.
Here is how it works in plain English:
- Who writes it: It is usually drafted by a prosecutor (the government’s lawyer) after reviewing evidence brought to them by the police.
- What it contains: It lists the specific laws the person is accused of breaking (the charges) and a brief summary of the facts—the who, what, where, and when—that lead the state to believe a crime was committed.
- The purpose: Its main job is to inform the defendant exactly what they are being accused of so they can prepare a defense. It also tells the judge why there is “probable cause” (a reasonable basis) to believe the person committed the crime.
An important thing to remember: a criminal complaint is just an accusation. It isn’t evidence, and it doesn’t mean anyone is guilty—it just officially sets the legal process in motion.
An Ex Parte Protective Order in Utah is a temporary court order designed to provide immediate protection to a victim of domestic violence or abuse.
Here is what it means in plain English, broken down into the key things you need to know:
- What “Ex Parte” Means: This is a Latin legal term meaning “from one party.” In short, it means a judge can issue this order based only on your side of the story, without a hearing and without the other person being present or even knowing about it yet.
- The Purpose: It is an emergency measure. If you are in immediate danger of abuse or domestic violence, you can apply for this to get legal protection right away while you wait for a full court hearing.
- What it Can Do: It can legally order the other person to stay away from you, your home, your job, and your car. It can also temporarily give you possession of a shared home or vehicle, and order them not to contact you in any way.
- How Long it Lasts: Because the other person hasn’t had a chance to tell their side of the story yet, an Ex Parte order is strictly temporary.
- The Next Step: When the judge grants the temporary order, they will set a date for a full court hearing (often called a Protective Order hearing). At that hearing, both sides get to present evidence, and the judge decides whether to extend the protection into a “Permanent Protective Order” (which typically lasts for up to three years).
If someone violates an Ex Parte Protective Order after they have been officially served with the paperwork by a sheriff or constable, it is a criminal offense, and the police can arrest them immediately.
In Utah, a Criminal Information (often just called an “Information”) is a formal document filed by a prosecutor to officially charge someone with a crime.
Think of it as the legal version of an official accusation. It tells the court—and the person being accused—exactly what laws the state believes were broken.
Here is how it works in simple terms:
- Who writes it? A prosecutor (the government’s lawyer, like a City or County Attorney), not the police.
- What is inside it? It lists the specific criminal charges (like theft or assault), the level of the crime (misdemeanor or felony), and a brief summary of the facts that support the charge.
In Utah, an Order to Show Cause (OSC) is essentially a judge commanding someone to appear in court and explain why they shouldn’t be penalized or why a specific legal order shouldn’t be made against them.
Think of it as a formal court notice that says: “We think you broke a rule (or owe something), so you need to show up on this date and prove to the judge why you shouldn’t be held responsible.”
In the Utah juvenile court system, a criminal petition (often just called a “petition”) is the official document that starts a court case against a minor.
Think of it as the juvenile court’s version of an adult criminal “charge” or “complaint.”
Here is what it does, kept simple:
- Who files it: It is usually written and filed by a county prosecutor (the state’s attorney) after reviewing a police report.
- What it contains: It lists the specific offenses the juvenile is accused of committing (like criminal mischief or theft) and the basic facts of what supposedly happened.
- The Goal: It formally asks the juvenile court judge to step in, hear the case, and decide if the minor did what they are accused of so the court can provide correction or rehabilitation.
Instead of saying a youth is “charged with a crime,” the juvenile system says a “petition has been filed.”
In Utah, a subpoena is a formal, legally binding document issued by a court or an attorney. Think of it as an official command that you cannot ignore.
There are two main types of subpoenas you might encounter:
- To Appear and Testify: This commands a person to show up at a specific time and place (like a courtroom or a deposition) to answer questions under oath as a witness.
- To Produce Documents or Evidence: This commands a person or business to hand over specific records, files, or physical evidence relevant to a case.
Key Things to Know
- It’s Not a Lawsuit against you: Receiving a subpoena usually just means you have information or documents that are needed for someone else’s legal case. You aren’t necessarily the one being sued or accused of a crime.
- It is Mandatory: In Utah, ignoring a valid subpoena is treated as contempt of court. This means you could face legal penalties, including fines or even arrest, if you don’t comply or don’t have a judge’s permission to skip it.
- Proper Service: For a subpoena to be legally enforceable in Utah, it must be officially “served” (delivered) to you properly, which usually means it is handed to you in person or left with a responsible adult at your home.
In Utah, a Criminal Summons is an official court order that commands you to appear in court on a specific date and time to face a criminal charge. Think of it as a less aggressive alternative to an arrest warrant. Instead of sending police officers to arrest you and take you to jail, the court sends a deputy to personally deliver the summons, as a way of saying, “We have charged you with a crime, and you are legally required to show up and address it.”
Key Things to Know
- What it means: It means a prosecutor has filed a formal criminal charge against you.
- What you must do: You must appear in court at the exact time listed. Missing the date will usually cause the judge to issue an immediate arrest warrant.
In the State of Utah, a “Writ of Execution” is a court order that allows a creditor to collect money they are owed after they have already won a lawsuit against someone (the debtor).
Think of it as the court giving the green light to enforce a judgment when the person who lost refuses to pay up.
Here is how it works in simple terms:
- The Court’s Order: Since the debtor hasn’t paid, the court issues the writ to a local official. (usually a county sheriff or a constable).
- Seizing Assets: The writ authorizes the sheriff to take control of the debtor’s property. This can include money in a bank account, physical property, or real estate.
- Paying the Debt: The seized property or bank funds are then used to pay off the judgment. Physical items might be sold at a public auction (a sheriff’s sale) to raise the cash needed.
Important Note: Utah law protects certain property from being taken. This is called “exempt property” and usually includes things like a primary vehicle (up to a certain dollar value), necessary clothing, household furniture, and tools needed for work.
- Essentially, it is the legal mechanism that turns a piece of paper saying “you won” into actual money.
In Utah, a “Writ of Restitution” is a formal court order that gives a landlord the legal right to evict a tenant and reclaim possession of their property. It is essentially the final step in the eviction process.
Here is how it works in simple terms:
- The Court’s Order: After a landlord wins an eviction lawsuit, the judge signs this writ. It officially orders the tenant to leave the property.
- The Sheriff’s Role: The landlord cannot personally throw a tenant out or change the locks. Only a law enforcement officer (like a county sheriff or constable) can enforce the writ.
- The Warning Period: Once the sheriff serves the writ to the tenant, the tenant is typically given a strict, short window—often “3 calendar days” (excluding weekends or holidays if the order specifies business days, though the timeline is very tight)—to pack up and move out voluntarily.
- Physical Removal: If the tenant does not leave by the deadline, the sheriff will return to physically remove them and supervise changing the locks.
Important Note: In Utah, if a tenant leaves belongings behind after being locked out, the landlord must store them safely for a specific period (usually 15 days) and the tenant may have to pay a storage fee to get them back.
