Utah Lawyer Stephen Howard
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Stephen W. Howard - Canyons Law Group
Call 801-449-1409 - Solutions Start HereSM
Utah Attorney Stephen Howard - Canyons Law Group

Canyons Law Group - Solutions Start HereSM
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Utah Rules of Civil Procedure 3 - Commencement of Action

Rule 3 of the Utah Rules of Civil Procedure governs the manner in which civil action is commenced in the Utah state courts, and when it is considered to have been commenced.  The rule provides two alternative methods for beginning a civil action.  The first is to file a copy of the complaint with the court.  The second method is to serve a copy of the complaint along with a summons on the opposing party.

utah rules civil procedure rule 3 - commencing a civil action in UtahIf a plaintiff chooses to begin an action by serving the complaint and summons on the opposing party, the plaintiff is required to file a copy of the complaint, summons, and proof of service with the court within 10 days after the complaint and summons are served.  Failure to file the complaint and summons with the court within that 10-day period will result in the action being deemed dismissed, and the court will have no further jurisdiction thereof.

Under Rule 3 of the Utah Rules of Civil Procedure, the court is considered to have jurisdiction over the matter from the date the complaint if filed or the complaint and summons are served on the opposing party.  The timing for the commencement of an action can be critical in cases where a statute of limitations is raised as a defense.  If the statute of limitations has run, a plaintiff may be barred from recovery even if there is an otherwise valid claim.

Pursuing or defending against a lawsuit in the Utah court system can be complex.  Having experienced attorneys on your side can greatly improve your chances of success.  At the law firm of Crippen & Cline, LC, our experienced Utah attorneys work hard to help you achieve the best possible outcome as quickly and cost-effectively as possible.

Contact Stephen Howard now to schedule an initial consultation.


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Stephen W. Howard is Utah attorney, practicing as part of the Canyons Law Group, LLC.
With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
Call 801-449-1409 to arrange for a confidential initial consultation.

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